Simpson History

JURY TRANSCRIPT IN THE MURDER TRIAL OF VIC DOWIS
FOR THE MURDERS OF JOSEPH AND ORION SIMPSONThe State of Georgia Vs. VICK DOWIS
Indictment for Murder.
Gwinnett Superior Court.
September Term 1922.
Verdict of not Guilty.

Dr. O. O. Simpson, sworn, testified as follows:Direct examination by Mr. Dean:
Q: Your name is Dr. O. O. Simpson?
A: Yes, sir.
Q: What are you engaged in, what business or profession?
A: I have been an active practitioner until the last few years until I had a break down in my health.
Q: On the 20th of February 1922, did you see J. H. Simpson?
A: Yes, sir.
Q: Where did you see him?
A: In the home of Dr. Christian, at Duluth.
Q: Where is he now?
A: He is buried at Mount Carmel Cemetery.
Q: How long did he live at that time?
A: He was dead at the time I reached him.
Q: Did you make any examination of his person there?
A: Yes, I did.
Q: Go ahead and tell the jury in your own way just what you found and describe the wound and everything?
A: When I reached Dr. Christian's that afternoon Dr. had
telephoned me or had it done and the boy had died in the meantime while I was on the road. I found him lying in
Dr. Christian's sitting room on the bed. They said he had just died; and Dr. Christian was present, Reub Gantt and
Emmett Cruce was present, and I think one of the McGee boys was present, and I am not sure about Reese but he was
there but whether he was in the room at the time or not I don't know, and I said I hope gentlemen everybody that is
present will see me go through this man's clothing and what I find on him and what I find the condition of his body to
be. We went through his clothing and everything on him, and at last I says let us see his body and what caused his
death and we stripped down his clothing and we found him shot. He was lying on the bed and the bed had quilts
and things on top of it and it didn't mash in and just about where the body rested on the bed I could see a little
hole there. I had him eased up to his right side and asked Dr. Christian to give me a probe and I asked everybody
to watch it and see which way it went. I probed down into the wound and I says well, gentlemen, the ball has gone
downward and forward, and I eased him back; and I was standing on his left side end we pulled his

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clothing down and I could see sticking in there a knot on the flesh and I reached over and felt of it and I says
Dr. Christian give me a knife -and I says gentlemen I want -you-a all to watch and see what I find - and I split
that little lump down and I found it to be a steel jacket ball, and I found it down in this side, I would say from
2 to 4 inches lower than the hole went in back on the left side of the back.
Q: Doctor, show the jury just where that bell went in. You can show them by me. (Showed jury.)
A: Counting down, I think it was about the 8th rib, and the ball went in just about along there, and it went
in forward and downward and was cut out down here in front of his arm. I was standing on the far side
of the bed looking over him and I could see the lump before I went on that side of the bed.
Q: What was the cause of his death, doctor?
A: That pistol shot wound.
Q: What else did you find on his person?
A: I found a pocket book and a piece of tobacco.
Q: Anything else?
A: No, sir that was all.
Q: That was all he had in his pocket?
A: Yes, sir.
Q: State whether or not you made a thorough examination?
A: Yes, sir; he was in his shirt-sleeves and had on overalls.
Q: Had he had on any other clothes?
A: Underwear.
Q: Overcoat?
A: No, sir, and. no dress coat; he had on a heavy shirt and
had on overalls that come up high, with apron on here; he had on pants under those overalls.
Q: You say that wound produced his death?
A: Yes, sir-
Q: How long after he was shot, doctor, was it before you

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saw him.
A: I could not tell only from hearsay. As soon as
he reached Duluth they telephoned for me and I went as quick as I could get there in a car.
Q: What time in the afternoon?
A: It was late in the afternoon, being winter time,- that
was the latter part of February,- I would say it was between 4 and 5 o'clock.
Q: What was J. H. Simpson's given name?
A: Joe. We all called him Joe.
Cross examination:
Q: Doctor, you of course, was not at the scene of the killing?
A: No, sir.
Q: Do you know where that place was at?
A: Yes, sir.
Q: That is at least a mile from Duluth this way?
A: Yes, sir.
Q: He had been carried by somebody from where he was shot a mile this side of Duluth to Dr. Christian's home?
A: Yes, sir.
Q: And then you had been telephoned to Norcross to where you lived?
A: Yes, sir.
Q: How far?
A: Six miles.
Q: Then you had gone from Norcross up there?
A: Yes, sir.
Q: It must have been at least 30 minutes before that?
A: I guess so.
Q: Of course, you don't know what was on his person before you got there?
A: No, sir I

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could not say.
Q: You don't know that his brother-in-law carried him from the scene to Dr. Christian's home?
A: It will develop in the trial.
Q: You saw only where one shot hit?
A: Only where one shot hit, took effect.
Q: It entered on the left side just back of the arm dropped down?
A: Yes, sir.
Q: And came out just in front of the right arm dropped down?
A: Yes, sir.
Q: Then he was not shot in the back?
A: He was shot just at the junction of the back and side. Of course, he was not round like a log, he was square.
Q: You know what we mean by a man being shot in the back?
A: He was not shot in the center.
Q: Only on the side?
A: He was shot just about the junction of the side.
Q: Isn't it true he was shot in the side?
A: He was shot just about the junction of the side.
Q: Would you call that his back?
A: Taking a measurement -- if we were to split him in quarters, halve him that and this way, that would have
been behind that center line.
Q: On the side?
A: Yes, sir.
Q: Nearer the side line than the back line?
A: When a man turns his back on me I consider all that surface I see his back.
Q: The range of the bullet wasn't from directly from behind but ranged this way?
A: It ranged forward and downward.
Q: But it ranged from one side to the other, didn't it?

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A: It came out over in front, a good deal in front of where it went in on the opposite side.
Q: It ranged more to the right side than it did to the center of the front?
A: Possibly might have a little.
Q: Don't you know it did, doctor?
A: No, sir.
Q: You found a pocketbook and a piece of tobacco?
A: Yes, sir.
Q: Did you undress him?
A: I went through everything he had on and all over him in every pocket and felt all over him and asked the
people there to assist me in searching and making the examination.
Q: You don't know what was taken off of him before that?
A: No, sir I could not say about that.
-----------Floyd Brannon, sworn, testified as follows:Direct examination by Mr. Dean:
Q: Your name Floyd Brannon?
A: Yes, sir.
Q: Where do you live?
A: At Duluth.
Q: On the 20th day of February 1922, did you see Vick Dowis?
A: Yes, sir.
Q: Did you see J. H. Simpson?
A: Yes, sir.
Q: Were you present at the time of the shooting?
A: Yes, sir.
Q: Did you see it?
A: I saw part of it, yes, sir.
Q: Tell the jury in your own way just what you saw and what J. H. Simpson was doing when Mr. Dowis shot him,
what was he doing

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to him?
A: At the time he shot him?
Q: Yes, sir?
A: I wasn't looking right on at the first of it, I had walked back up to Corley's and Bill McGee's car
fixing to go back to town when I heard the first shot fire and then I looked around.
Q: Just start in at the beginning and tell the whole thing?
A: On this day along about 3 or 4 o'clock in the afternoon I was at the store and Vick Dowis came up and
stopped in front of my place of business and I was standing in the door and he motioned for me to come out there
and I went to the car and he said do you want to go out and ride a piece and I says where and he says out the street
a piece. I crawled in the car and we went on out a piece and he told me it had been reported there was a car out
there with whiskey and was going out there to see about it. We went on and as we topped the hill going
out there we saw two cars standing in the road in front of Mr. Bill Knox's home and he says I guess that is one now,
and we went on and both cars were headed towards Lawrenceville and we rolled up to Simpson's car in the middle of
the road and there was another car on the other side and we rolled up to Simpson's car and stopped and Vick got out
and walked around the car and Joe Simpson was under the car drawing out gas. So he asked some question some way I
don't just remember the words he said but anyway he said it had been reported there was some whiskey out there and
he come out there to search the car, and Mr. Moore I think is the man the other car belonged to and he asked them
what they were hauling and Moore said he was hauling his wife and he told him he wanted to search his car and Moore
says all right and he kindly looked through Moore's car and told Mr. Moore he could go on; and then he said something
about searching Simpson's car and Simpson asked for his authority to search it and Vick told him he didn't have
any warrant but he

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could get one and Mr. Simpson says all right you will have to get one to search my car. I was
sitting up in Vick's car at this time and he told me to go back to town and get a warrant; so he and Simpson
kept arguing a little around there and Simpson says you don't know who to get a warrant for. I says Vick what
kind of a warrant who for. He says tell Mr. Quinn to send me a warrant for Mr. Simpson and a Ford car. I went
and told Mr. Quinn what Vick said and he went out to the house and got the warrant and brought it back and I
asked Mr. Reese the bailiff who come up there to carry the warrant to him and he wouldn't do it and I got in
the car and carried the warrant out to Vick, and this Boy Corley and Bill McGee were there in a Coupe car about
fifteen or twenty yards away headed towards town, fixing to come back to town and I walked up to the car
where they were standing and put one foot on the running board of the car and the other on the ground and I asked
them about coming back to town with them and they said all right and about that time I heard the shot and I looked
around in time to see Orin Simpson fall.
Q: Go ahead?
A: They were all three almost in front of Simpson's car, Joe Simpson's car kindly about the left front wheel,
all three of them kindly bunched up together and I saw Joe kindly run back the other way, I don't know how many shots
were fired all right close together, I saw Joe then fall back off of the road a little piece and turn and walk back
to the car, McGee's car and they put him in it and carried him to town.
Q: Who was doing the shooting?
A: Vick Dowis.
Q: What was he shooting?
A: I suppose a pistol, I never did see, but I was off a piece.
Q: You didn't see any gun there, any shotgun or rifle there?
A: No, sir.

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Q: Did any one else have a pistol there?
A: If they did I didn't see it.
Q: Which one did you say was shot first?
A: I suppose Orin was shot first, when the first shot fired I turned quick that way and saw him fall backwards.
Q: You said that you went to town after a warrant, did you get one?
A: Yes, sir.
Q: What did you do with that warrant?
A: I carried it back to Vick.
Q: Did you give it to Mr. Dowis?
A: Yes, sir.
Q: Where was Mr. Dowis and the Simpson boys at that time?
A: They were standing there at Simpson's car.
Q: Was there any trouble between them at that time?
A: They were just standing there, I never heard anything right at the time, I give Vick the warrant.
Q: What did you do when you gave him the warrant?
A: Frank Mattison was driving the car that I was in. We drove out a little piece farther. I did not get out of
the car and he drove out a little piece farther and turned around and drove back by Boy Corley and Bill McGee coupe
and stopped.
Q: Did you get out of the car then?
A: I sit there a few minutes and then got out. I heard Boy Corley and Bill McGee say they were going to town
and I got out and went up to the Coupe car then.
Q: What became of Mattison?
A: He got out of the car.
Q: Where did he go?
A: I couldn't tell you somewhere around there.
Q: Had you gotten out of the car before the shooting took place?
A: Yes, sir.

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Q: You had gone up to the car where Boy Corley and Mr. McGee was?
A: Yes, sir.
Q: What was Mr. McGee and Corley doing?
A: They were sitting in the Coupe car.
Q: Facing in what direction?
A: The car was facing Duluth, headed towards Duluth.
Q: I believe you said that the car of Mr. Simpson was headed towards Lawrenceville?
A: Yes, sir.
Q: What attracted your attention back there then, back to the Simpson car?
A: When I heard the gun fire just as I heard it I looked around right quick.
Q: Did you see anything else except the shooting?
A: They were all kindly in a little skirmish, moving around I could not tell all at once what they were doing.
Q: You say when the first pistol shot you heard it and looked and looked around and Orin fell, is that right?
A: Yes, he fell just as I turned back.
Q: What did you see Joe do?
A: Joe he run back between the car and me back into the field a little, and he run I guess as far as from
me to that window, I don't know how far and kindly slipped and fell to his knees.
Q: How far was he from Mr. Dowis at that time?
A: I don't know, I will say fifteen or twenty yards.
Q: Was that before or after he was shot?
A: I could not tell you, all the shots seemed to be right along together.
Q: How many shots were fired?
A: I couldn't tell you that, I didn't count them.
Q: When you saw him out there ten or fifteen feet, what did Joe do then?

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A: He come back towards the car.
Q: Did he go to the car?
A: Yes he got back to the car, to Mr. McGee's car, back to Boy Corley and Corley took hold of him and helped him
in McGee's car.
Q: He didn't go back to the Simpson car?
A: No, sir.
Q: Did he ever fall?
A: He kindly fell to his knees, the best I remember, I don't
think he ever fell flat down. I think he caught on his knees and hands.
Q: What did you do then?
A: I went back to where Orin was.
Q: Where was he?
A: Lying in the road.
Q: What if anything did he have in his hand?
A: I didn't see anything.
Q: Did he have anything in his hands?
A: I didn't see anything.
Q: What did he have around him, if anything, that indicated he had had?
A: I didn't see anything around Orin. His hat was lying two or three feet away from him. When I got back
Vick had picked up his hat and put it under his head, under Orin's head.
Q: Who went to town with Joe?
A: I think Foster went with him.
Q: You say he went in McGee's Coupe?
A: Yes I think Buck Foster drove him.
Q: When you went back there, I will ask you to state whether or not you found anything around where you saw
Joe -- when you went back to the Simpson car, state whether or not you found anything around where Joe went, did he
have anything in his hand or anything?
A: You mean around the car?
Q: Joe Simpson, what did he have?
A: I didn't see him with anything.

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Q: You stated the way he went when the shot fired, did you see
anything around there that he had in his hands?
A: I didn't go down there where he kindly fell to his knees; I
didn't stay there but a few minutes and I went on to town.
Q: When you went after the warrant did you get the warrant?
A: Yes, sir.
Q: Who signed it?
A: I don't know.
Q: Do you know whether it was signed or not?
A: No, sir I don't.
Q: Did they ask you to sign it?
A: Yes, sir.
Q: What did you do?
A: I didn't sign it.
Q: What, if anything, did you refuse to do when you went after the warrant?
A: Mr. Quinn he told me to come and go out to the house with him and I had some business in the store and I told
him I couldn't go, a drummer or somebody wanted to see me in the store. I told him to go ahead and get the warrant and
I would carry it back or get some one to; and he went to get the warrant and while he was gone Mr. Reese came around
there and I asked him to carry it and he said he couldn't; and when Mr. Quinn come back with it he asked me to sign
it but I didn't sign it, but I took it and got in the car with Frank Mattison and carried it on out there and gave it
to Vick.
Q: Did you refuse to sign your name to it?
A: Yes, sir.
Q: State whether or not you refused to sign anybody else's name?
A: Yes.
Q: Were you asked to sign anybody else's name?
A: Yes, sir.

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Q: Whose name?
A: Vick Dowis'.
Q: And you refused to sign his name?
A: Yes, sir.
Q: You carried the warrant back in that shape?
A: Yes, sir.
Q: And gave it to Mr. Dowis?
A: Yes, sir.
Q: You stated in the beginning of your testimony that you were asked to go out there by Vick Dowis?
A: Yes, sir.
Q: That when you got over the hill that you saw the two cars?
A: Yes, sir.
Q: And that he said something about going to search the cars?
A: He said it had been reported there was some whiskey out there and he was going to see about it.
Q: What did you say to him?
A: I told him I expect I had better not go, then he says O' yes go on with me.
Q: What else was said by you and Mr. Dowis at that time?
A: He told me he says there is a pistol right there in that pocket at the door and
says when we get out there put that in your pocket.
Q: What did he say about searching with the use of that pistol?
A: Wasn't anything said about searching the car then, hadn't got to the car at that time.
Q: Had you got the pistol?
A: No, sir.
Q: When you did get up to the car, what did he say, if anything, Mr. Dowis?
A: He didn't say anything to me; when he got there he just got out.
Q: What became of the pistol?

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A: The pistol was in the pocket of the car. It stayed in the pocket of the car.
Q: What did Mr. Dowis state to you with reference to searching that car one way or
the other when you were in about 200 yards of the car?
A: He says I guess that is the fellow, we will see what they have got, something to that effect.
Q: Was that all he said?
A: Yes, that is all I remember right now.
Q: What did you ask him about this, about searching him without a warrant?
A: I didn't say a word to him about it.
Q: When was the search warrant first mentioned?
A: After we got out there and Joe refused to let him search.
Q: Had there been anything said to Dowis about a search warrant on up to that time?
A: No, sir.
Q: Now, what County was that in?
A: In Gwinnett County.
Q: How long was it after this shooting before you saw Joe Simpson again?
A: After the shooting before I saw Joe?
Q: Yes?
A: Well, it was about 30 or 40 minutes, I guess.
Q: What side of the Simpson car did you drive up on?
A: You mean Vick and me.
Q: Yes?
A: We drove up on the right side.
Q: And the Simpson car was on the left of the road and you came in on the right of the car?
A: Yes, the Simpson car was kindly in the middle of the road and Mr. Moore's car
over on the left of it. All three of the cars were headed towards Lawrenceville.

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Q: What, if anything, did you see in the Simpson car when you drove up there?
A: I never saw anything.
Q: Were the curtains up?
A: No, sir they were up on Mr. Moore's car, back curtains down.
Q: What was the condition of the car at that time, the Simpson car, was it in
running order, or were they working on it, or what were they doing?
A: I don't know; they were not working on that car; Joe was down under Mr. Moore's
car drawing gas out of it, and Simpson's car was just standing there.
Q: Were you there when Mr. Moore left?
A: Yes, sir.
Q: How long after that was it before you went back to town?
A: I don't know exactly, not but a few minutes.
Q: What was Dowis doing when you started back to town?
A: Joe was wanting to drive off and leave.
Q: What did he say about going off?
A: He told him he didn't have time to fool with him, he was going on and started
to crank his car and Vick caught him in the overall bib and says you are not going to drive off, says I am going to
search this car before you leave here. He wanted to drive off and leave him.
Q: What did you do then -- what position were they in when you left there?
A: They were both standing there, Vick had his overall bib when I left there.
Q: Vick had hold of Joe's overalls holding him?
A: Yes, sir.
Q: Where was Orin?
A: I hadn't seen him at that time.
Q: Hadn't seen him at all?
A: No, sir.

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Q: And you left them to go back to town and he was holding Joe?
A: Yes, sir.Cross examination by Mr. Nix:
Q: Your name is Floyd Brannon?
A: Yes, sir.
Q: As I understand, you say you were there in Duluth that day when Vick Dowis, the
defendant, came along in his car and asked you to take a ride with him, is that right?
A: Yes, sir.
Q: You asked him where he was going?
A: Yes, sir.
Q: And he said he was going out the road a piece?
A: Going out the street a piece.
Q: Then you got in the car with him?
A: Yes, sir.
Q: And you all came out the Lawrenceville road?
A: Yes, sir.
Q: Out to Mr. Bill Knox's?
A: Yes, sir.
Q: That is where you found Joe Simpson and this car stopped in the road with Mr. Moore with his car stopped?
A: Yes, sir.
Q: That is about a mile this side of Duluth?
A: Something like that.
Q: Somewhere around a mile?
A: Yes, sir.
Q: When you came over the hill in sight of these cars, you saw two cars standing there side by side?
A: Yes, sir.
Q: And Mr. Dowis remarked "I guess that is them now"?
A: Yes, sir.

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Q: You all drove on down and you found Mr. Simpson's car headed towards Lawrenceville?
A: Yes, sir.
Q: And it was nearly in the center of the road?
A: Almost.
Q: Just to the right of where it was standing was a little plum orchard that comes
right up to the edge of the road and bushes and things?
A: Yes, some bushes, kind of broomsege patch.
Q: On the other side was Mr. Moore's car on the left headed the same direction?
A: Yes, sir.
Q: They were standing there side by side?
A: Yes, sir.
Q: When you got down there you didn't see Joe Simpson at first?
A: The first man we saw was Mr. Moore.
Q: In a few minutes you discovered that Simpson was under Mr. Moore's car drawing gas?
A: Yes, sir.
Q: Mr. Dowis didn't know Moore, did he?
A: I don't think he did.
Q: What did he say to him? -- He said to Mr. Moore what are you all hauling?
A: Yes, sir.
Q: Mr. Moore says I have been hauling my wife?
A: Yes, sir.
Q: Did Mr. Dowis ask him if he had any liquor in his car, or words to that effect?
A: Something to that effect, yes.
Q: Didn't Mr. Dowis say it had been reported that they had whiskey down there?
A: Yes, sir.

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Q: Mr. Moore says I have not got any, you are welcome to look in my car, or words to that effect?
A: Something that way.
Q: The curtains to Mr. Moore's car were up?
A: Yes, sir.
Q: The back curtains down?
A: Yes, sir.
Q: What was Mr. Dowis' conduct toward Mr. Moore and Mr. Simpson, did he curse
them; how did he talk, was he gruff in his manner?
A: He was kind.
Q: How did Mr. Moore talk to him?
A: He was kind.
Q: And he said to Mr. Dowis he could search his car if he wanted to?
A: Yes, sir.
Q: And Mr. Dowis walked over and looked in his car, just peeped over, didn't he, through the edge of the curtains?
A: Yes, sir.
Q: And he said to Mr. Moore I am satisfied from the way you talk, you haven't got any whiskey in your car?
A: He says I don't know you, Mr. Moore, if I did I wouldn't look in your car, but
as I don't know you I will have to look in your car.
Q: Did he get up in Mr. Moore's car?
A: I don't think he did.
Q: When he said that Mr. Moore said it was all right?
A: Yes, sir.
Q: And he sorter pushed back the curtain and looked through?
A: Yes, sir.
Q: And about that time Joe Simpson came out from under Mr. Moore's car?
A: Somewhere about that time.
Q: And when he got up and saw who Mr. Dowis was he says you

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are one of them God damned bone dry agents?
A: One of them damned bone dry agents, something like that.
Q: You ain't sure he used the word God?
A: No, sir but I know he used the damned.
Q: You are one of them damned bone dry agents?
A: Yes, sir.
Q: Then Mr. Dowis asked him what he was hauling?
A: Yes, sir.
Q: And Simpson says why most any old thing?
A: Yes, sir.
Q: Mr. Simpson was very abusive to Mr. Dowis, wasn't he?
A: It seemed so, yes, sir.
Mr. Charters. We object. That is a conclusion.
Q: What did he say to him in the way of abuse?
A: He just said you are one of those damned bone dry agents.
Q: What else?
A: I don't remember what else.
Q: He cursed him, didn't he?
A: Yes, I heard several curse words.
Q: Very bitter curse words?
A: I heard a few damns used.
Q: Did Mr. Dowis use any dams?
A: No, sir I didn't hear him use any.
Q: Finally Mr. Simpson said he was not going to let him search that car unless he got a warrant?
A: He told him he could search it but he had to have the right kind of papers.
Q: He said he was not going to search him unless he got a paper?
A: That is what he said.
Q: At that time there were you and Mr. Dowis and Mr. Moore and Mr. Simpson, and
about that time Mr. Moore drove off, didn't he?
A: Yes, sir.
Q: And that left you three there, is that right?

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A: Yes, sir.
Q: Then Mr. Dowis asked you to go back to town and get a search warrant, didn't he?
A: Yes, go back to town and get a warrant.
Q: After Mr. Simpson told him he could not search the car without a warrant then Mr. Dowis told you to go to
town and get the warrant and while you were there he made no further effort to search the car but sent you after the
warrant.
A: How was that?
Q: Did Mr. Dowis make any further effort to search the car?
A: No, sir Mr. Simpson was going to drive off and leave him and he went around and
took hold of him and says one time I am going to search the car before you leave.
Q: He didn't make any effort to get in the car?
A: No, sir he told him he could get the paper all right.
Q: Didn't he ask you to go after the search warrant?
A: Yes, sir.
Q: You went by yourself?
A: Yes, sir.
Q: When you got back to town you went to Judge Quinn?
A: I saw him out in town.
Q: Mr. Quinn is Justice of the Peace there, isn't he?
A: Yes, sir.
Q: And you told him what you wanted, didn't you?
A: Yes, sir.
Q: You told him that you wanted a search warrant?
A: I told him Vick said send him a warrant.
Q: You told him two Simpson boys, Joe and Orin?
A: No, sir; I said Simpson and a Ford car.
Q: Then, how far did Mr. Quinn live from where you were out there?

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A: Just a little ways.
Q: About 100 yards?
A: Farther than that.
Q: 200 yards?
A: Somewhere 200 to 400 yards.
Q: Where did he go to get the warrant?
A: To his home I reckon.
Q: Did you go with him?
A: No, sir.
Q: Then he went out to his house to get the warrant and you staid in town?
A: Yes, sir.
Q: He brought the warrant back to you?
A: Yes, sir.
Q: You saw the warrant?
A: Yes, sir.
Q: He signed it, didn't he?
A: I don't know.
Q: I mean Mr. Quinn?
A: I didn't unfold it to read it at all.
Q: You never did?
A: No, sir.
Q: You don't know who at Mr. Quinn's house signed it?
A: No, sir.
Q: Mr. Quinn asked you to sign it?
A: Yes, sir.
Q: You declined to sign it -- the affidavit on which the warrant is based. You are not a Justice of the Peace?
A: No, sir.
Q: Or Notary Public?
A: No, sir.
Q: You can't issue warrants?
A: No, sir.

Page 21

Q: What he meant for you to sign was the affidavit?
A: I don't know--he asked me to sign the affidavit--I don't know what it was.
Q: You didn't sign it?
A: No, sir.
Q: Did he come back in the store?
A: I don't know whether he did or not.
Q: I want you to refresh your recollection -- come back in two or three minutes and hand you the warrant?
A: No, sir I think he gave it to me then.
Q: You didn't unfold it?
A: No, sir.
Q: You took it on back and went back about a mile this side of Duluth near Knox's house where this car was at?
A: Yes, sir.
Q: First -- I will ask you who went back with you in that car?
A: Frank Mattison, I think Buck Foster, I am not sure, there were two or three in
the car; Frank Mattison and I were in the front seat.
Q: What kind of car were you all in?
A: Ford car.
Q: Close car?
A: No, sir five passenger with the top back.
Q: When you got back down there you found this Boy Corley and Bill McGee there in a Coupe?
A: Yes, sir.
Q: One of these Ford closed cars?
A: Yes, sir.
Q: When you got down there then you drove up pretty close by did you and handed the warrant to Mr. Dowis,
didn't you?
A: Yes, sir.
Q: Then you drove a little piece farther and turned around and came back up near
the car where they were --just passed the Simpson car?

Page 22

A: Passed the Simpson car and headed on back to Duluth behind Bill McGee and Boy Corley's Coupe.
Q: When you got down there you and Frank Mattison and you handed Mr. Dowis the
warrant about that time Boy Corley and Bill McGee got in the Coupe and started
on towards Duluth, or was it after you turned around and came back?
A: They didn't move at that time, the car was standing still and they were sitting
in the car. I gave Vick the warrant and we turned around and drove up behind Bill McGee and Corley.
Q: When you got down there there was Simpson's car headed towards Lawrenceville
and Mr. Moore had gone on and you drove up and gave Vick the warrant and drove
a little piece and turned around but when you got there this Coupe had turned
around and started back towards Duluth and was 30 or 40 yards up there standing on the edge of the road?
A: Yes when I got back down there I guess between 30 and 40 yards.
Q: When you got back down there this Coupe they came in they had turned around and gone 30 or 40 yards back
towards Duluth?
A: Yes, sir.
Q: Where were they?
A: Sitting in the car.
Q: That put the Simpson's car and this Coupe with their backs to one another?
A: One headed towards Duluth and one towards Lawrenceville.
Q: And they were sitting in that Coupe?
A: Yes, sir.
Q: And their backs to Simpson & Dowis?
A: Yes, sir they were sitting in the car just like anybody sitting up here.
Q: This Coupe didn't have any side seats, did it?

Page 23

A: No, sir I reckon not.
Q: How many seats did it have?
A: One.
Q: To sit in that seat you would sit there with your back towards the back of the car?
A: Yes, sir.
Q: After you gave Vick Dowis the warrant and you turned around you come on back
and went on up behind this Coupe and stopped?
A: Yes, sir.
Q: How close did you go?
A: About as far as from here to Col. there.
Q: That put your car between the Coupe and where Simpson's car was?
A: Yes, sir.
Q: Then you say you got out of this car?
A: I sit there a little bit, yes, sir, and I heard them say something about going
to town and I jumped out and asked them to go to town with them.
Q: Mattison still in the car with you?
A: He got out.
Q: Which way did he go?
A: I don't know somewhere in front of the car or in the middle of the road.
Q: About that time you heard Boy Corley say something about going back to town?
A: Yes, sir.
Q: And you walked back up to the Coupe where they were?
A: Yes, sir.
Q: And put your foot upon the running board and talked to them?
A: Yes, sir.
Q: Were you looking at them when you were talking to them?
A: Yes, sir.
Q: Which side did you walk up on?

Page 24

A: On the right hand side.
Q: Was this Coupe standing in the middle of the road?
A: No, sir.
Q: hich side?
A: Standing on the right.
Q: Pointing towards Duluth?
A: Yes, sir.
Q: And you walked up on the right hand side of it?
A: Yes, sir.
Q: And put your foot up on the running board?
A: Yes, sir.
Q: Did you open the door or do you remember?
A: I don't remember, no, sir, I didn't open the door the glass was down.
Q: You walked up there and said something to them about going back to town with them?
A: Yes, sir.
Q: And while you were talking to them about going back to town you heard the shots back there?
A: Yes, sir.
Q: When those shots were fired where was McGee and Corley?
A: Sitting in the car.
Q: How many shots fired?
A: I don't know.
Q: Four or five?
A: Three or four, I wouldn't say.
Q: You told Mr. Dean they were fired in rapid succession?
A: Pretty rapid.
Q: How did they sound?
A: Like any other gun. Not hardly that fast.
Q: But they fired in rapid succession?
A: Pretty close together.
Q: When the first shot was fired you looked around?
A: Yes.

Page 25

Q: By the time you looked around the second shot was fired?
A: Yes, sir.
Q: All fired pretty quick?
A: Yes, sir.
Q: When you looked around you saw Joe and Orin Simpson and Dowis all locked up close together?
A: They were all locked up together.
Q: How close?
A: They were all as close as we are right here, in a little circle, kindly up together.
Q: Did you notice whether Dowis was bent over or not?
A: I don't know I could not say.
Q: Were you there when Orin Simpson came from the other direction?
A: When I came back with the warrant I saw him coming up the road.
Q: Was Orin coming from towards Lawrenceville?
A: Yes, running.
Q: What did Joe, if anything, say to Orin when he saw him?
A: Motioned and told him to come on.
Q: Orin then started to running?
A: He was running when I first saw him.
Q: What did Orin say when he first got up there?
A: I don't remember what he said.
Q: When you handed the warrant to Vick had Orin got there?
A: No, sir.
Q: As soon as you handed the warrant to him you went on, did you cut off your engine?
A: No, sir not then. I turned around.
Q: When you handed Vick the warrant, then you passed and turned around?
A: Yes right out in the road, come up towards Knox's and turned around.

Page 26

Q: Did Orin come up there before you got turned around?
A: No, sir.
Q: Then you got turned around and passed on by and went up behind the Coupe before Orin got there?
A: Yes, sir.
Q: Then you was up there when Orin got there?
A: Yes, sir.
Q: Your back was in that direction when Orin come up?
A: I saw Vick give Joe the warrant. He looked at it. I was looking and when Orin
got up there, why he took the warrant, they were both looking at it.
Q: Where were you?
A: Sitting behind in Vick's car.
Q: Vick's behind this Coupe?
A: Yes, sir.
Q: When you handed Vick the warrant and turned around and came back, up to that time Orin hadn't got up there?
A: No, sir.
Q: You rolled up behind this Coupe and stopped?
A: Yes, sir.
Q: And you looked back and saw them looking at this paper?
A: Yes, sir, they were all looking at the paper.
Q: You could not hear what was said?
A: I could not understand it.
Q: Was your engine running?
A: Yes at that time.
Q: Did that keep you from hearing it?
A: I could hear some words they were saying but could not understand them.
Q: Who else did you see coming behind Orin Simpson?
A: I saw this little fellow driving a bottling wagon, Claude Brooks.
Q: How far behind Orin was he?
A: Fifteen or twenty yards behind him.

Page 27

Q: When you first saw Orin coming was he running then?
A: Yes, sir.
Q: Was Claude Brooks running?
A: Yes, sir.
Q: Then, when you looked back and stopped behind this Coupe you didn't cut off
your engine right straight and looked back and saw him reading this paper?
A: Yes, sir.
Q: Then in a few minutes, about how long was it before you got out of that car?
A: Just a few minutes.
Q: At that time Mr. McGee and Corley in the Coupe and you heard them say something
about going to town and you got out and went up there?
A: Yes, sir.
Q: You say they were both in that Coupe when the shots were fired?
A: Yes, sir.
Q: Do you undertake to tell the jury just what did take place with these men when the firing commenced?
A: How is that?
Q: What did take place between Dowis and the two Simpson boys when the shooting commenced?
A: No, sir I could not tell.
Q: You were not looking at them?
A: No, sir talking to Boy Corley and Bill McGee.
Q: They had moved from where they were to the front of the Simpson car, hadn't they?
A: How was that?
Q: When you got down there and handed Vick the warrant where were they at?
A: Standing over on the left of the Simpson car.
Q: On the side of it?

Page 28

A: On the left side of it.
Q: When the shooting took place, when you looked around and saw them shooting they
had gone back towards the front end?
A: The last time I looked at them before the shooting took place they were all
over on the right side of the car.
Q: Then they had gone the other side of the car?
A: Yes, sir.
Q: You didn't see one of them get up in the car?
A: Yes, sir.
Q: Which one was that?
A: Joe.
Q: Where was you at then?
A: Sitting in Vick's car.
Q: Did you see him then jump out or get out over on the other side where Dowis was?
A: I don't remember that I saw him get out, but I saw them all over there together after he had gotten out.
Q: Didn't you see, Mr. Brannon, when they were over on the
left hand side of the car, didn't you see Dowis go around the car on the other side with Orin following him?
A: Yes, sir.
Q: That is when Joe jumped up in the car?
A: Yes, sir.
Q: Then the next you saw they were over on the other side of the car?
A: Yes kindly at the rear wheel.
Q: Both of them?
A: Yes, sir.
Q: At the next instance when you looked around they were both on the other side of
the car both of the Simpsons and Dowis, is that right?
A: Yes, sir.

Page 29

Q: Then from what you saw you saw Orin following Dowis around the car to the other
side and saw Joe jump in the rear of the car?
A: He went out on the other side I am sure.
Q: And they cornered him -- cornered Dowis around on the other side?
A: When I looked around they were all three standing at the right rear wheel.
Q: When the shooting took place up at the front?
A: Yes, sir.
Q: Did you see Mr. Dowis backing back to the front of the car?
A: No, sir.
Q: Were you looking down there all the time?
A: No, sir.
Q: You didn't see them when they moved from the rear of the car up to the front of
he car on that right hand side?
A: No, sir I didn't see them.
Q: Now you said they were standing right there?
A: Yes all in kind of a huddle.
Q: Now you say those shots were fired in rapid succession?
A: Pretty close together.
Q: You saw Orin fall?
A: Yes, sir.
Q: And Joe run up in this direction towards a little house?
A: Run off to the right through a little broomsege patch.
Q: The way he run put him near Duluth from where he started?
A: Just a little bit.
Q: You say Joe run in a direction that put him a little nearer Duluth?
A: Yes, sir.
Q: He didn't run the other direction, did he?
A: No, sir.
Q: As he ran away in that direction it turned him with his right

Page 30

side towards Dowis?
A: Yes naturally that side would be a little nearer him, just a little of angling towards Duluth.
Q: But the right side would be towards Dowis?
A: Yes, sir.
Q: Was there any shooting done after Joe run?
A: Not that I know of.
Q: You heard the shots?
A: Yes, I heard the shots, but they were all done so quick.
Q: You said they were fired in rapid succession?
A: Yes, sir.
Q: Isn't it true, Joe run after the shooting was over, there was no shots fired while he was running?
A: I don't know whether there were or not, I could not tell about that, there might have been, I don't know.
Q: You was there and saw it?
A: Yes, sir.
Q: You heard the shots?
A: All the shots were pretty close together.
Q: The shooting was over when Orin fell, he didn't shoot any more after Orin fell?
A: Orin was the first one fell.
Q: He didn't shoot at Orin after he fell?
A: No, sir I don't reckon he did. I could not tell which way he was shooting, guns
firing so fast, - I don't know which one was shot first.
Q: Now, Mr. Brannon you told Mr. Dean just now you was the first one got to Orin?
A: Yes, sir.
Q: After the shooting?
A: Yes, sir.
Q: When you got there what was said?
A: Well, Vick was right there at him, of course, and he was down over him and
raised up his head and reached back and

Page 31

picked up Orin's hat and put it under his head.
Q: What did Vick say?
A: I says, first, "you have killed this man." He says "you reckon." I says "I believe
you have."
Mr. Charters. We object to any self-serving declaration made by the defendant. This was after
he was shot down in the road and was dead.
Q: How long was this after the shooting that you walked up there?
A: It was just a minute, just as quick as I could walk from the car down there.
Q: The other man where was he at?
A: That was about all at the same time they were putting him in the car fixing tocarry him to town.
Q: A minute after the shooting?
A: Something like that.
Q: As quick as you got there?
A: Yes, sir.
Q: How far did you have to walk to get to Orin?
A: Fifteen or twenty yards, I don't know exactly how far.
Q: How fast did you go?
A: Just like an ordinary man would walk.
Q: Did you walk fast?
A: Yes, fast, stepped on pretty lively.
Q: You satisfied not over a minute from the time you looked around and saw the shooting?
A: No, sir Orin wasn't dead, he was still breathing.
The Court -Q- Did you go at once at the time the man fell?
A: Yes, after the shooting was over I went down there as quick as I could, he was still breathing.
The Court -Q- You went at once?
A: Yes, sir.
The Court -Q- Not over fifteen or twenty steps?
A: Yes, little perhaps.

Page 32

The Court: I will admit that.
Q: You say Mr. Dowis raised his head and put his hat under it?
A: Yes, sir.
Q: What did you say?
A: I told him he had killed that man, and Dowis says I hate that worse than anything that ever happened.
Q: What else did he say?
A: He kept saying something about hating it so bad.
Q: Didn't he say he was hitting him over the head with a wrench?
A: Yes, said he had it it to do.
Q: And both of them was on him?
A: Yes, sir.
Q: One hitting him with a wrench and the other with a bottle?
A: Yes, said something about them beating him over the head and he had to. It was
a very exciting time and I could not remember everything.
Q: You do know he said he hated it but he had to?
A: Yes, sir.
Q: Do you remember him saying they had him down, nearly down?
A: No, sir I don't remember him saying that.
Re direct by Mr. Dean
Q: Mr. Brannon you were standing where you could see these men all the time?
A: At what time.
Q: During the difficulty down there?
A: What time I was not in my car.

Page 33

Q: You said you got out of the car and was up there at the Coupe when the shooting took place.
A: Yes, sir.
Q: Mr. Nix asked you about having this man down, beating him there, what did you
see with reference to anybody being down or anybody beating any one else there?
A: I didn't see that.
Q: If it had happened you would have seen it?
A: That could have happened when I was talking to Corley and Bill McGee about coming to town.
Q: How far were you, were you as far as across this courtroom from them?
A: Farther than that I expect.
Q: Did you see any bottles or any wrench?
A: I saw a coca cola bottle; Orin had a coca cola bottle drinking some coca cola; I saw that coca cola bottle.
Q: Did you see any sign of any licks or anything on Mr. Dowis at the time?
A: After the shooting?
Q: Yes?
A: I didn't look for any, no, sir.
Q: Where was the coca cola bottle?
A: Orin had it drinking coca cola out of it.
Q: What did he do with it?
A: I don't know, I don't remember.
Q: When did you see him drink coca cola out of it?
A: After he came up there and they were looking at that warrant.
Q: He was standing drinking coca cola?
A: Yes, sir.
Q: What did he have in his hand when you went back there?
A: He didn't have anything in his hand.
Q: Did you see a bottle anywhere after that?

Page 34

A: No, sir.
Q: Now you said you saw them looking at the warrant, what did you hear Orin and
Joe say about the warrant to Mr. Dowis?
A: I heard them say something about it wasn't a proper warrant or something to that effect.
Q: It wasn't a proper warrant?
A: Something like that.
Q: What did Dowis say then he was going to do - what did he say what did he reply?
A: I didn't hear Vick, he was talking pretty low and I didn't hear him say
anything, he seemed to say he was going to search the car.
Q: When did he say that after they had told him this warrant wasn't any good or before?
A: I don't know.
Q: You said you heard Orin and Joe tell him that the warrant wasn't any good, what
did he do and what did he say then?
A: Who, Vick?
Q: Yes?
A: He was going to search the car, I don't remember whether it was before or
afterwards he said he was going to search it, it was somewhere along then though.
Q: Did he leave there then when they told him the warrant wasn't any good?
A: No, sir.
Q: Did he continue to try to search the car?
A: Yes, he stayed with them.
Q: When the last shot was fired where did you say Joe Simpson was in reference to the road?
A: I just could not say positively, I don't know exactly where he was.
Q: When he turned around to go, or when he started what

Page 35

position did he occupy as to the road as to Vick Dowis?
A: All the shots were fired pretty close together, and he went running off through the broomsege patch - Joe did.
Q: Was Joe running when the last shot was fired?
A: I just don't know.
Q: Where was the pistol when you got down there?
A: Vick's pistol?
Q: Yes?
A: I don't know, I didn't see it.
Q: What became of the pistol that was in the door in that pocket? Did you ever
examine to see whether it was in there or not?
A: Yes, sir.
Q: What became of that pistol?
A: It was still in the car.
Q: You carried it back with you?
A: Yes, sir.
Q: Still in the car after the shooting was over?
A: Yes, sir.
Q: You said he told you to get that pistol, why did he tell you to get that pistol out of that pocket?
A: I don't know.
Q: What did he say to you about it when he told you to get that pistol out of there?
A: He says there is a good pistol in there and he says when you get down there
drop that in your pocket, that is about all he said about the pistol.
Q: What did he want you to drop it in your pocket for, did he say?
A: He didn't say.
Q: He told you to drop that one in your pocket, - what did he say about having one?
A: I don't remember that he said anything about his having one.
------
By Mr. Nix:
Q: Mr. Dowis was an officer up there, wasn't he?

Page 36

A: Yes, sir.
Q: What sort of an officer was he, he was a deputy sheriff, wasn't he?
A: Yes, sir.
Mr. Charters: There is a way of proving whether he was deputy sheriff.
A: I say deputy sheriff, that is what they said, everybody said so.
Mr. Charters: We object to what he says.
Q: He acted as deputy sheriff, performed the duties of deputy sheriff?
A: Yes, he was police there. I understood he was deputy sheriff. I could not swear
it. I heard him say so, and the others say so; that is as far as I know.
Mr. Dean: We move to rule out anything that has been said about being deputy sheriff, as there is better proof of it.
Mr. Dean. Q - Was this in the incorporate limits of Duluth, where this took place?
A: No, sir.
Q: You said he was marshal there, policeman?
A: Yes, sir.
Q: This was not in town where you found this car?
A: No, sir.
----
Mr. Nix: Q - You know he acted as deputy sheriff and served papers the sheriff sent him over there and things of
that sort?
A: I think he did, I could not say positive. I have heard of him serving papers.
The Court: I sustain the objection.
------A. J. CORLEY, sworn, testified as follows:DIRECT EXAMINATION by Mr. Dean:

Page 37

Q: Your name is A. J. Corley?
A: Yes, sir.
Q: Mr. Corley, do you remember the 20th day of February 1922, when it is claimed that Mr. Dowis shot
Mr. Joe Simpson?
A: Yes, sir.
Q: Where were you at the time?
A: I was there on the ground.
Q: How long had you been there?
A: Something like ten or fifteen minutes I guess.
Q: Where did you come from there?
A: I come from Duluth.
Q: Drove out there from Duluth?
A: Yes, sir.
Q: When you got out there who did you find there?
A: I found Joe Simpson and Vick Dowis.
Q: No one else there?
A: No, sir.
Q: Who was with you at that time?
A: Bill McGee.
Q: Where did you stop there?
A: I stopped right behind Joe Simpson's car, - the car I was driving.
Q: The car you were driving stopped behind Joe Simpson's car?
A: Yes, sir.
A: Not until I got out and talked to Vick and Joe.
Q: What were they doing at the time?
A: They were standing there talking.
Q: Did Mr. McGee get out?
A: No, sir.
Q: You went up there where they were talking?
A: Yes, sir.
Q: Did you talk to them any?
A: Yes, sir.
Q: What was said?

Page 38

A: When I got out of the car and walked to Joe's car Vick was standing at the back
end on the right hand side and Joe was up at the engine standing there and I
says to Vick "what is the matter" and Joe answered and said "nothing."
Q: What kind of a car were they in, I mean Simpson's car?
A: Ford car.
Q: Was the top up or down?
A: The top was up.
Q: Any curtains?
A: No, sir.
Q: Now you say that Joe was at the front of the car?
A: Yes on the right hand side at the engine.
Q: Where was Vick?
A: He was standing on the right hand side right at the back end.
Q: You asked them what was the matter and Joe replied nothing?
A: Yes, sir.
Q: What else was said then?
A: I went ahead and told Joe I heard he was under arrest down there and he said no
there was nothing of it, and Vick spoke to him and says no he had to stay there
until that car was searched and then I walked around the car on the left hand
side and Vick walked around and I walked up and looked in front of the car and
over in the car and picked up a bottle with some gasolene in it, quart bottle,
and then I walked back around the car and Joe as I walked around the car he
went back to the back and leaned over in there - there was a tow sack there
with some tools in it and Joe walked from the engine back there he was working
on the spark plug and reached and got a spark plug wrench and I says Joe have
you got any whiskey, and he says no boy I have not got any whiskey, and I
reached over in the sack and run my hand through the sack and raised the cushion,

Page 39

just raised it up you know, and I says Joe I have got to go back to Duluth.
Q: Did Mr. Dowis see that?
A: Yes, sir.
Q: Did you find any whiskey there?
A: No, sir.
Q: Did you look in the sack?
A: I run my hand all in the sack.
Q: Did you look under the back seat?
A: I raised the cushion.
Q: And that was under the front seat?
A: I never raised the front cushion.
Q: Was the tank under that seat or not in a Ford car?
A: It is in front.
Q: Isn't it in all of them?
A: I suppose so.
Q: When you made that examination what did you do then?
A: I went back and got in that car with Mr. McGee and drove right to the side of
Joe's car and backed and turned around and headed my car back towards Duluth.
Q: You say you went out there and asked Joe if he was under arrest and he said no,
why did you go out there Mr. Corley?
A: Joe was my brother-in-law and Mr. Brannon had come there at Duluth and said he was after a warrant for Joe
Simpson.
Q: And he was your brother-in-law?
A: Yes, sir.
Q: Did you go out there to see about it or make bond?
A: Yes, sir.
Q: Was that in Duluth or out of Duluth?
A: You mean where they were at?
Q: Yes, sir?
A: That was out of Duluth.
Q: Where was Orin at this time?

Page 40

A: I don't know where Orin was at this time.
Q: Did you see him anywhere?
A: I never seen him until later.
Q: Whose car were you in?
A: In Bill McGee's car.
Q: When you drove around there after you had talked with them and saw there was no trouble and no whiskey there
you say you drove around by Joe's car?
A: This car was a little to the right of the road and I pulled my car up to Mr. Knox's and headed up again by
the side of Joe's car and drove my car out on the right a little bit about fifteen or twenty steps away from there.
Q: How far was it from the Simpson car at that time, give the distance, the distance of your car from the Simpson
car at that time?
A: It was something like from here to the back end of the house.
Q: That is 75 feet?
A: I suppose something like fifteen or twenty steps.
Q: You say you went back and got in your car?
A: Yes, sir.
Q: Was there anything being said or done by Joe or Dowis at that time?
A: No, sir.
Q: What next attracted your attention, or why didn't you drive off at that time?
A: We saw a car coming from towards Duluth and McGee says yonder they come let us wait a minute.
Q: Did you wait?
A: Yes, I cut the motor down.
Q: Tell what happened?
A: When they drove up they headed their car sorter up that little road and Mr.
Brannon and Frank Mattison and some one else I disremember who was along, and Mr. Brannon handed

Page 41

Vick a paper, supposed to be a warrant I reckon and then when he took it Joe
had quit and come around on the left hand side of the car.
Q: Quit what?
A: Working on the spark plug and he come around on that side and he was standing there between Vick and the
car when Mr. Brannon handed this paper to him - I was sitting in the car then and he handed it to Joe and Joe stood
there and read it and then Orin come up and Joe handed the paper to Orin and then Joe went up and pushed Vick back
and went up in the rear seat and sit down and then Vick started around the car and Orin followed him and went on
around and got between him and the car and then Joe got out there and drank some kind of a drank and when I looked
they begin to shove then and Mr. McGee jumped out and as he jumped out I jumped out and just as I hit the ground
Vick jumped back and commenced shooting.
Q: What was he shooting with?
A: A pistol.
Q: How many shots were fired?
A: I think there were four shots fired.
Q: What did you see, who was he shooting?
A: Mr. McGee when he hit the ground he commenced hollering him and Joe both, - like Vick was standing out
here and Orin here and Joe there and Vick jumped back and shot seemed like about twice and Orin fell, and then
Joe turned to run why he shot him.
Q: Did you go down there then?
A: I was going towards them all the time then.
Q: How long was it from the time you saw that shooting until you got down there where they were?
A: As quick as I could get there.
Q: Was it a minute's time?
A: No, sir.
Q: Did you see Orin there then?

Page 42

A: Orin was lying on the ground when Joe whirled and run, he whirled with his face
to me and ran in front of the car and ran eight or ten steps and fell to his
knees and threw up his hands, and I turned going to Joe and Vick came around
the car with a pistol in his hand then, I says Joe are you shot and he says
yes, boy, he has shot me, I says come to me then, and Joe come right toward me.
Q: What did Joe have in his hand, if anything
A: He didn't have anything.
Q: Did you see him when he turned and run and when Vick shot him, did you see him then?
A: Yes, sir.
Q: What did he have in his hands at that time?
A: Not anything.
Q: Did you go down there where he was?
A: After we got Joe in the car I went back in about 10 feet of Orin, he was lying on the ground.
Q: What did Joe have on when he was shot?g
A: He had on a pair of overalls.
Q: Did he have on any coat?
A: No, sir.
Q: Who went to town with him?
A: Buck Foster.
Q: Anybody else?
A: No, sir nobody left there with him.
Q: You didn't leave there with him?
A: No, sir.
Q: From the time you got down there and this difficulty and from the time he got
in your car from the time of the shooting did you

Page 43

see him with anything or was there anything removed from his person in any way?
A: No, sir.
Q: When you went back down there to the car did you see any wrench or any bottle lying around there?
A: I never went. I just went up there and looked at Orin, Vick was saying to me to
stay there and I told him I had to go to Duluth to see about Joe, - I says
Vick, you have done killed Orin. When I went back in about 10 feet of Orin I
saw Orin gasp. Vick says to me, stay here, I says I have to go to town to see about Joe. He was my brother-in-law.
Q: Did you see Vick there after the difficulty?
A: Yes, sir.
Q: Did you see any sign or any evidence of where he had been beat with a wrench or bottle or anything?
A: Vick came up to me and said they hit him with a wrench but I never seen any sign of it.
Q: Did you see any sign of it?
A: No, sir.
Q: See any appearance at all of where he had been marked by anything?
A: No, sir.
Q: Did you see either one of them hitting him or trying to hit him?
A: No, sir.
Q: If they had been would you have seen it?
A: I would not think there was anything to prevent it.
Q: Was there anything to prevent it?
A: No, sir.
Q: Were they hitting him or fighting him at the time?
A: No, sir.

Page 44

Q: Who was drinking Joe or Orin?
A: Joe was the man.
Q: What became of the bottle?
A: I think it was pitched back up in the car.
Q: Did you see any wrench around there anywhere?
A: No, sir.
Q: I believe you stated or not he was at work on a spark plug with a wrench?
A: Yes, sir.
Q: What kind of a wrench was that?
A: It was just a Ford spark plug wrench, a wrench and turned down at the other end.
Q: How big was it?
A: A wrench something like that long.
Q: Do you know what he did with that wrench?
A: No, sir.
Q: Did you see it in his hands or anywhere around there?
A: I saw it in his hand when he came there to that sack and carried it to the front of the car.
Q: Did you ever see it any more?
A: No, sir.Cross examination by Mr. Nix:
Q: You are the one they call Boy Corley?
A: Yes, sir.
Q: You were in Duluth and saw Joe and Orin come out of Duluth on the Lawrenceville road coming this way?
A: I was at my home and seen them.
Q: You live up there in Duluth?
A: Yes, sir.
Q: You saw Joe and Orin come out this way?
A: Yes, sir.
Q: Now what relation are you to the Simpsons?

Page 45

A: Joe Simpson married my sister.
Q: What relation are you to bill McGee?
A: None at all.
Q: Did your sister marry Mr. McGee's son?
A: No, sir.
Q: Who did Kit McGee marry?
A: He is not married.
Q: The other one?
A: Carl McGee and Myself married sisters.
Q: Your wife and Carl McGee's wife sisters?
A: Yes, sir.
Q: And Bill McGee is Carl McGee's father?
A: Yes, sir.
Q: How are you and the Mr. Simpsons related?
A: My sister married Joe Simpson.
Q: That made you and Joe brother-in-laws?
A: Yes, sir.
Q: You had left your home and went up to Duluth after you saw these boys pass coming out towards Lawrenceville?
A: Yes I went down town.
Q: You were up there when you saw Vick Dowis and Floyd Brannon come out?
A: Yes, sir.
Q: You saw them come out?
A: Yes, sir.
Q: Was that when you was at home?
A: I was at home.
Q: Then you got up and went up town?
A: Yes, sir. Kit McGee and both of my brother-in-laws eat dinner at my house, and
Kit came on and stopped his car there in front of my home and we got up and went down in town.
Q: You all talked about the officers being after Orin?
A: No, sir.

Page 46

Q: When you was up town you saw Floyd Brannon when he came back to town?
A: Yes, sir.
Q: You asked Floyd what was the matter?
A: Yes I asked him what was the matter.
Q: How did you know anything was the matter?
A: I saw him come back without Vick.
Q: You knew they were after the Simpson boys?
A: No, sir.
Q: You believed it?
A: No, sir.
Q: How came you to ask Floyd Brannon if there was trouble up?
A: There was a whole crowd standing around there, and all of them come around my
car and we were talking about it.
Q: You are the one asked if there was not some trouble?
A: More than me asked I think.
Q: You were the first?
A: No, sir.
Q: You asked Floyd what was the trouble?
A: If I am not mistaken Mr. Reese asked Floyd and I heard it and I asked him the same thing.
Q: Then as soon as you found out then you and Bill McGee and who else went down there?
A: Nobody but just me and Mr. McGee.
Q: You all went down there?
A: Yes, sir.
Q: When you got down there you found Joe and Orin both there?
A: No, sir nobody there at that time but Vick and Joe.
Q: What were they doing when you got down there?
A: Standing there talking like I said to you.
Q: What were they talking about?
A: I don't know.

Page 47

Q: Did Dowis seem to be mad?
A: No, sir.
Q: Joe was drinking, wasn't he?
A: No, sir not as I could tell he wasn't.
Q: You didn't hear Joe curse any?
A: No, sir not while I was there.
Q: How long had you been there before Orin come?
A: About ten or fifteen minutes; Orin got there just about the time Brannon and them come.
Q: When you got down there you asked what was the trouble?
A: Yes, sir.
Q: You asked Joe what he was arrested for?
A: Yes, sir.
Q: He said he was not under arrest?
A: Yes, sir.
Q: Mr. Dowis hadn't arrested him then, had he?
A: No, sir, Mr. Dowis just said that car could not be moved until he searched it.
Q: According to what Joe said Mr. Dowis hadn't arrested him?
A: No, sir.
Q: You was going to make bond for him if he was?
A: Yes, sir.
Q: You told him so?
A: Yes, sir.
Q: You found out he was not under arrest and you and Bill McGee started back?
A: Yes, sir.
Q: When you told Vick that you had come down there to make bond for him Vick says it is all right?
A: I don't remember what Vick said about it.
Q: How come you to ask Joe if there was any whiskey in the car?

Page 48

A: As a general thing you know when they stop them on the road that is what they are after.
Q: Not even talking about it down there?
A: When I walked up they went to talking backwards and forwards to me.
Q: They hadn't said anything about any whiskey?
A: Nothing only what I asked him.
Q: You spoke up and asked Joe if there was any whiskey in the car?
A: Yes, sir.
Q: How come you to ask your brother-in-law that?
A: Like I told you that is what they generally hold them up for on the road.
Q: So you went to see if there was any?
A: Yes, sir.
Q: Your brother-in-law didn't object to you looking?
A: No, sir.
Q: You didn't raise the front but raised the back cushion?
A: Yes, sir.
Q: And saw a tow sack?
A: Yes.
Q: You didn't look for any false body of the car?
A: No, sir.
Q: You said to Joe have you got any whiskey?
A: Yes, sir.
Q: Joe said no?
A: Yes,- that is when I told him I was going back to town.
Q: Then you and Mr. McGee decided to go back to town?
A: I went back to the car.
Q: Where had you left your car?
A: About eight or ten feet behind Joe's car.
Q: Then you turned it around?

Page 49

A: Yes, sir.
Q: And went 30 or 40 yards?
A: No, sir about fifteen or twenty steps.
Q: It was a Coupe, wasn't it?
A: Yes, sir.
Q: Mr. McGee got in with you when you started back?
A: He had never got out.
Q: Then you saw Floyd Brannon coming with a warrant?
A: We saw a car coming.
Q: McGee says wait and let us see?
A: Yes, sir.
Q: Did you get out then?
A: No, sir.
Q: Stayed in the car?
A: Yes, sir.
Q: Floyd came on down and brought the warrant?
A: Yes, sir.
Q: You saw him hand it to Vick, the officer?
A: Yes, sir.
Q: You saw Vick hand it to Joe?
A: Yes, sir.
Q: You saw Joe hand it to Orin?
A: Yes, sir.
Q: Did you hear what was said about it?
A: No, sir.
Q: You didn't understand what was said?
A: No, sir.
Q: You were in the car?
A: Yes, sir.
Q: Closed car?
A: Yes, sir.
Q: 20th of February?
A: Yes, sir.
Q: Cold day?

Page 50

A: No real cold day.
Q: When you saw Orin coming up the road did you see anybody coming with him?
A: No, sir when I saw Orin he was by himself, somebody was coming on behind Orin.
Q: How far behind?
A: I didn't pay much attention.
Q: Did you notice Claude Brooks?
A: Yes, sir.
Q: Was it him?
A: I sorter believe it was.
Q: You looked in the tow sack?
A: I ran my hand down in the tow sack.
Q: You didn't find any whiskey?
A: No, sir.
Q: You say Joe was working with his spark plug?
A: Yes, sir.
Q: You saw him go back and get the spark plug wrench out of the tow sack?
A: Yes, sir.
Q: You told Mr. Dean you didn't know what he did with it?
A: No, sir.
Q: The last you saw of it he was working there on the spark plug?
A: Yes, sir.
Q: You was there then as you stated when Floyd Brannon came?
A: Yes, sir.
Q: A few minutes later Floyd he drove up right behind your Coupe in his car?
A: Floyd turned his car around and drove it out sorter on the right of my car. He was not up even with it.
Q: Your car was headed towards Duluth?
A: Yes, sir.

Page 51

Q: Mr. Simpson's car was headed towards Lawrenceville?
A: Yes, sir.
Q: Brannon did after he delivered the warrant drive his car up close to you all?
A: Yes, - like my car was standing sorter over that way and Floyd pulled his up
something like that, and Joe's car was standing back here.
Q: Mr. Simpson's car was headed this way towards Lawrenceville?
A: Yes, sir.
Q: Your car was headed the other way towards Duluth?
A: Yes, sir.
Q: Both in the same road but your car was a little to the right of the center of the road?
A: Joe's car was pulled to the right out of the road coming towards Lawrenceville,
and mine was pulled - you see the road is kindly wide and Floyd pulled his kindly against the fence.
Q: This was not in the run of the road?
A: No, sir, - the left hand wheel of mine was about in the right hand track.
Q: It was nearly plum out of the road with the left hand wheel about in the right
hand track, then Floyd pulled his car up to the right of yours or to the left of yours coming towards Duluth?
A: No, sir Floyd pulled his to the right about up even with mine.
Q: That put him plum out of the road?
A: Out in the edge of the road.
Q: Wasn't his behind yours?
A: No, sir.
Q: When he done that you and Bill McGee was sitting there in your Coupe?
A: Yes, sir.
Q: He got out and came up there to where you and Mr. McGee was in this Coupe and asked about going to town
with you?
A: I don't remember whether he said anything about going to

Page 52

town, - he came up there and Mr. McGee was on the right hand side.
Q: He came up on the right hand side?
A: Yes, sir.
Q: What did he come up there for?
A: I couldn't tell you I was looking back there, of the car, - had my head turned.
Q: Isn't it true he was standing there talking to you all and while you and McGee
was in that Coupe the shooting occurred?
A: No, sir I had done hit the ground.
Q: You told Mr. Dean you had done got out of the car before the shooting happened?
A: We had.
Q: When did you get out?
A: When they commenced shoving Vick back I jumped out.
Q: Don't you know when you all hit that ground so quick it was after that shooting?
A: No, sir.
Q: What was it attracted you all?
A: When they commenced shoving Vick back away from the car we wanted to get out to see what was going on.
Q: When who was shoving?
A: Orin and Joe.
Q: Both of them?
A: Yes, sir.
Q: What do you mean by shoving?
A: Keeping Vick back away from the car.
Q: Wasn't they shoving him with a wrench or a bottle?
A: No, sir.
Q: You was watching them -- you was in the car then?
A: I got out of the car just like I told you.

Page 53

Q: When they were shoving them was that when you decided to get out of the car?
A: Yes, sir.
Q: Kept on shoving after you got out?
A: Just as I hit the ground when Vick jumped back and done the shooting.
Q: How come you to decide it was necessary to get out of the car, just shoving you said?
A: That is all they were doing.
Q: No curse words being used?
A: I could not understand any.
Q: No licks passed?
A: No, sir.
Q: Then you jumped out of the car?
A: Yes, sir.
Q: After you all decided there was no trouble and started back to Duluth -- then you decided there was going to be trouble?
A: It looked like it when they kept shoving Vick and he was shoving them around, -- I was on the ground.
Q: What was it that was so serious that while you were in the car you jumped out?
A: Whenever you see anything that way you would jump out like I did.
Q: Pushing him back gently and you all jumped out?
A: Just shoved him back that way.
Q: At that time they had got up to the front of the car, hadn't they?
A: Up to the front of the car.
Q: You said Orin followed Vick around to the back of the car?
A: Yes, on the right hand side.
Q: Joe went on the inside of the car?
A: Yes on the inside and sit down and then went out through on the right hand side.

Page 54

Q: Didn't Orin follow Dowis around the car and Joe jump through the car and they
cornered him over on the opposite side?
A: Orin went around and got between and Joe got out and drank.
Q: Didn't they beat him up to the front of the car?
A: Kept between him and kept him shoved away from the car.
Q: They had him shoved back when the shooting happened?
A: Yes, sir.
Q: You say you didn't see that wrench any more?
A: No, sir.
Q: You saw the pocket knife?
A: No, sir.
Q: You didn't see the open pocket knife after the fight was over and didn't see the wrench?
A: No, sir.
Q: You say the bottle was picked up and thrown over in the car?
A: I think when Joe drank it he pitched it in the car; I said it was pitched over in the car I thought.
Q: Wasn't the bottle found away up next to Mr. Knox's in the yard?
A: I could not tell you.
Q: You was in the car that Joe went back to town in?
A: That was the car I come down there in.
Q: You took charge of Joe?
A: I took charge of him and helped put him in the car.
Q: Did you get in the car with him?
A: No, sir.
Q: Was you up at Dr. Christians?
A: No, sir not until I went for my sister.
Q: What was found on his person that you saw?
A: I couldn't tell you.
Q: You didn't take a bottle of whiskey off of him?
A: No, sir.
Q: Did you see anybody take one off of him?
A: No, sir Joe was dead.

Page 55

Q: I am talking about after he died?
A: No, sir I never seen any.
Q: You was not present when that was done?
A: No, sir.
Q: Did you examine his pockets?
A: No, sir I never examined his pockets. I never seen Joe until after I drove down
after my sister and came back to Duluth, after I put him in that car and he left there.
Q: Now you say these shots were not fired in rapid succession?
A: There was a little space between them.
Q: You say four shots fired?
A: That is the best I can get it.
Q: Shot twice and waited a little bit?
A: Yes.
Q: And then shot twice more?
A: Yes, sir.
Q: The way you heard it it didn't fire pow, wow, wow, wow?
A: No, sir little space between them.
Q: How much space between them?
A: Something like give Joe time to turn around and start to run.
Q: Something like this, - pow, wow-------pow, wow?
A: Yes, something like that.
Q: In other words, the two groups of shots were distinct and separate, weren't they?
A: Yes, sir.
Q: When Joe ran he ran out through the broomsege kindly up the road towards Duluth and came back?
A: There was a little three cornered space and when he came across he ran out there eight or ten steps and
fell to his knees.
Q: And here was the Simpsons car and here is where Vick Dowis was and here is
where the fight happened and you say he broke and ran - here is the road going to Lawrenceville, when he broke and

Page 56

ran, did he run out that way (Showing) or back kindly up that way?
A: He ran kindly like this was the car, this the front of it, he ran something like that way (showing).
Q: Like this was Simpson's car standing in the road he ran that way?
A: Yes, sir.
Q: Where was Dowis?
A: When Joe throwed up his hands when I was going to Joe, Dowis was coming from the car.
Q: Then when he ran - here is the road going towards Lawrenceville, and when he
ran in that direction, like you say he did, that put Joe's right side towards Mr. Dowis, didn't it?
A: Joe turned with his face to the right, -- like this is Vick standing there, Joe
turned with his back to me and here was the car.
Q: Draw it. Draw the road first from Duluth to Lawrenceville?
A: Here is Duluth. Here is Lawrenceville.
Q: Where is the Simpson car?
A: Here is the car right here. Right here is the three cornered field.
Q: Where is your car?
A: Standing something like out here.
Q: Where was Brannon's car?
A: Something like (showing).
Q: Where was Mr. Dowis when the shooting occurred?
A: Mr. Dowis right here.
Q: Now which way did he run?
A: He ran right across this way, right into that three cornered piece, - when he
ran there I was coming here, and he came then across this way.
Q: This is Duluth, this direction?
A: Yes, sir.

Page 57

Q: Lawrenceville is this direction?
A: Yes, sir.
Q: Here is where Simpson's car was?
A: Yes, sir.
Q: This represents the Simpson car?
A: Yes, sir.
Q: This represents the three cornered piece of broomsege?
A: Yes, sir.
Q: This represents that car headed towards Duluth?
A: Yes, sir.
Q: This represents the Brannon car?
A: Yes, sir.
Q: The shooting took place there just in front of the Simpson car?
A: Yes a little over to the side there.
Q: When Joe Simpson ran he ran passed the car?
A: He ran right ahead of the car.
Q: Where was Mr. Dowis standing?
A: He was standing right there.
Q: He ran almost with his back directly to him?
A: He ran to this three-cornered place. I was coming across here behind this car.
Q: When he ran from this point to the three-cornered place where he fell, when he
got up he came back in that direction?
A: Yes, sir.
Q: Then when he fell and got up he turned to the right, didn't he?
A: No, sir he went down on his knees and when he came up he turned with his back to me.
Q: That put his right side towards Vick?
A: Put this side right here towards Vick.
Q: Which side was turned toward Vick when he turned?
A: It was his left side.
Q: How do you put his left side?

Page 58

A: He turned with his face from me and that would put his left side.
Q: Vick went around to the back of the car and come to the right?
A: Yes, sir.
Q: Joe came through he car?
A:
Q: You told Mr. Dean just now that Mr. Dowis said to you there that Joe was
hitting him on the head with a wrench when he shot him?
A: Dowis told me that after I put Joe in the car; he said they were hitting him
over the head, I don't know as he said Joe.
Q: Didn't he say wrench and bottle?
A: He said wrench.
Q: He said he hated it but he had it to do?
A: I don't think Vick said that to me.
Q: He asked you to stay right there with him?
A: No, sir.
Q: Before Orin's body was even moved?
A: That was after Joe had done left there when Vick asked me to stay there.
Q: Orin's body was there?
A: Yes, sir.
Q: He asked you to stay there?
A: Yes, sir.
Re direct
Q: Who did you leave there when you left Mr. Corley?
A: I left Vick and Bill McGee was walking off towards Mr. Knox's.
Q: Who was that?
A: Vick Dowis and Mr. Bill McGee were the only ones.
Q: Was there anybody else there except the dead body of Orin?
A: I think not when me and Mr. Brannon left.
Q: Had you seen anybody else there except the ones that you mentioned?

Page 59

A: I had seen Buck Foster there.
Q: Where did Foster come from there?
A: Come there with Mr. Brannon and them.
Q: How many in the car with Mr. Brannon?
A: I never notice particular, I think three or four.
Q: Was there any evidence of any whiskey being in that car at all?
A: No, sir.
Q: You examined it, didn't you?
A: Yes, sir.
Q: If there had been any there would you have seen it?
A: There wouldn't have been nothing to prevent me from seeing it. I raised the back cushion.
Q: Did you smell any whiskey there?
A: No, sir.
Q: Was anybody drinking there or anything?
A: Nothing--that bottle that Joe drank.
Q: What was in it?
A: It was some kind of soft drink.
Q: Did you see preacher Dowis that morning or that afternoon?
A: Yes, sir.
Q: Where did you see him?
A: He stopped a truck load of children right out there at my house.
Q: Where did he go?
A: Walked up to his home and came back and got on the truck and went off towards Lawrenceville.
Q: Before or after the Simpson boys went out there?
A: Before they went out.
Q: Did you see him any more at that time?
A: No, sir.

Page 60

Buck Foster, sworn, testified as follows:
Direct examination by Mr. Dean:
Q: Your name Buck Foster?
A: Yes, sir.
Q: Were you present the day of the killing of Joe Simpson?
A: Yes, sir.
Q: Did you see the killing?
A: No, sir, I didn't see the shooting.
Q: You didn't see it?
A: No, sir.
Q: You didn't see any of it?
A: I didn't see any of the shooting.
Q: Where were you?
A: I turned around before the shooting.
Q: Who carried Joe Simpson away from there?
A: Me.
Q: Where did you take him to?
A: I took him to Dr. Christian's.
Q: What did he have on in the way of clothes?
A: He had on overalls as well as I recollect.
Q: Was there anybody else in the car with you?
A: No, sir.
Q: I will ask you to state whether or not there was anything removed from his
person by you or himself at any time from the time you left there until you got to Dr. Christian's?
A: No, sir.
Q: How did you get out there Mr. Foster?
A: Me and Frank Mattison went out there with Mr. Brannon.
Q: What did you see and hear out there, -- tell the jury?
A: When I got out there he give him a warrant and he handed it over to Joe and
then he started to search the car and then Joe pushed him out.
Q: Did you see him look at the warrant?
A: Joe looked at the warrant and told him it was not any good.

Page 61

Q: What did Mr. Dowis say then?
A: He didn't say anything just went around on the other side and went to searching and he pushed him out again.
Q: Where was Orin at that time?
A: He come up about the time he pushed him out the second time.
Q: Then what took place?
A: He handed Orin the warrant and Orin told him it was not worth a dam.
Q: What else happened then?
A: I left then, -- and directly Orin called me back out there, and when he called me back out there he told Vick
that the whiskey had gone into Atlanta.
Q: Did you see any whiskey there?
A: No, sir.
Q: Did you examine the car, Buck?
A: No, sir.
Q: Did not see any at all?
A: No, sir.
Q: Orin told him the whiskey had done gone to Atlanta?
A: Yes, sir.
Q: What else was said, if anything?
A: Orin told him he was out of his beat and out of the city limits and Vick told him he was deputy sheriff and he
asked him to show him his badge and he didn't have any badge, and I told the boys he was deputy sheriff.
Q: What else?
A: Then Vick told him damn it he was going to search the car and Joe told him God damn it he wasn't.
Q: Then what took place?
A: I reckon Vick was reaching for his gun and I turned and run.
Q: Reaching for his gun?
A: I reckon he was.

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Q: Where did he put his hand?
A: Back towards his pocket.
Q: Which pocket, hip pocket?
A: Yes, sir.
Q: And you turned and run?
A: Yes, sir.
Q: Up to that time had there been any licks passed by any of them?
A: Only Joe pushed him out of the car.
Q: Did you see anybody with a wrench or soda water bottle?
A: Yes, Joe drank a coca cola and threw the bottle back in the car.
Q: When you turned to run you saw him reach for his gun?
A: He reached for his gun and I turned around and run.
Q: Where did you run to?
A: About even with the car, eighteen or twenty steps.
Q: Why?
A: I was afraid they were going to get up trouble.
Q: How long after you turned to run you heard the shots?
A: No time, just the second I got turned around good and got started out the road.
Q: Did you see either one of them fall, Mr. Foster?
A: No, sir.
Q: What, if anything, did either Orin or Joe Simpson have in their hands at that time?
A: I never seen anything in their hands.
Q: Did you see their hands?
A: Yes, sir.
Q: Did they have anything in them?
A: No, sir not as I saw.
Q: When you ran off from there who was in front of you?
A: There was a car out there in front of me, Mr. McGee and Boy Corley and Frank Mattison on out the other side
there.
Q: The other side of where?

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A: Mr. McGee and Corley out there, sitting out there in the car.
Q: Mr. Mattison beyond the car McGee was in?
A: Yes going on up the road.
Q: Was he running or walking?
A: He was going pretty fast.
Q: Then he was away up above Mr. McGee's car then from where this shooting took place?
A: Yes me and him both going towards Duluth.
Q: How far ahead of you was Mattison?
A: I don't know I guess forty or fifty yards, I don't know how far it was.
Q: Over 100 feet?
A: I never measured it.
Cross examination by Mr. Nix.
Q: You are the same Buck Foster that plead guilty to having a load of liquor?
Mr. Dean. I object.
The Court. I sustain the objection. You can prove his general bad character you can't go into specific acts.
Q: Now Buck where do you live?
A: I live in Walton County.
Q: What do you do?
A: Farm; I have not been doing anything this year, I have been sick all the year.
Q: What were you doing at Duluth that day?
A: Not anything.
Q: How come you to be at Duluth?
A: I just went over to Duluth.
Q: Who was you to meet over there that day?

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A: Not anybody at all. I went over there to carry a car over there for Earl Lowe
to carry to Atlanta to sell for me.
Q: You were not to meet Joe and Orin?
A: No, sir.
Q: You brought a Ford?
A: Yes brought a Ford.
Q: And had another fellow to carry it to Atlanta?
A: Yes Earl Lowe carried it down and sold it.
Q: Did you go by Jack Trammells?
A: No, sir.
Q: Do you know where Jack lives?
A: No, sir, not now, he used to live over on the road.
Q: You have been there a good many times?
A: No sir, I have been by there.
Q: How come you to go down to where this trouble happened?
A: Mr. Brannon come out by there and wanted somebody to go with him.
Q: When you got down there was Orin there?
A: No, sir he came up after we got down there.
Q: When you left Duluth you said you was going down there and beat hell out of Mr. Dowis?
A: No, sir.
Q: Do you know Ollie Lawson?
A: Yes, sir.
Q: You say him there in Duluth that day?
Mr. Dean. I object on the ground it is irrelevant.
The Court. What is the materiality of the evidence.
Mr. Nix. We are going to take the position that this man was connected with them in the liquor business.
The Court. It is your contention that Simpson had liquor and this man was in with them?
Mr. Nix. Yes, sir.
Mr. Dean. We insist that he show that.

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The Court. Do you state in your place that you expect to prove that.
Mr. Nix. I do, if your Honor please.
The Court. Go ahead.
Q: Did you tell Ollie Lawson there in Duluth that before you went down there you
was going down there and beat hell out of Mr. Dowis?
A: No, sir I didn't talk to him at all.
Q: Wasn't you interested in a load of liquor they had and was carried to Atlanta that day?
A: No, sir.
Q: Wasn't it carried in the car that you brought to Duluth?
A: No, sir.
Q: You say that Orin told you?
A: No he told Vick.
Q: You say Orin told Vick there in your presence that the liquor had done gone on to Atlanta?
A: Yes, sir.
Q: And they were trying to delay him a little?
A: That is right.
Q: In order to give him a little more time?
A: I don't know.
Q: And before you went down there didn't you state up there that there was no use
for the officers to go down there that the liquor had done gone on?
Mr. Dean. I object.
Q: Who came to Duluth with you that day from Walton County?
A: I don't recall that there was anybody come with me.
Q: Did you go by yourself?
A: I think I did, I won't be sure whether I came by myself or not - I believe Bob McElroy was with me.
Q: Do you know an old man over there by the name of Saye?
A: I know Billie Saye.
Q: He lives over in your community Walton County?

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A: Yes, sir.
Q: Didn't you tell him that day before this happened that you would be ready to go
back with him to Walton County as soon as you delivered two loads of liquor?
A: No, sir.
Q: Wasn't one of those loads that you delivered to the Simpson boys that day?
A: I brought my car over there for a fellow to carry and sell.
Mr. Dean. I object.
The Court. Counsel states in his place he expects to connect it up.
Mr. Dean. He has got to prove it before he brings this into it. I insist that he be confined to the strict rule.
Q: I will ask you if you didn't tell this old man Saye also that you had two trips
to make and that it would take you about an hour and you would be ready to go back?
A: No, sir.
Mr. Dean. I don't see how that could be relevant and I ask the court to rule it out.
The Court. I will let it in as I did the other on the statement that he will connect it up.
Q: You did go on down there to where this trouble was?
A: Yes he came by and invited somebody to go with him and me and Frank went with him.
Q: When you got down there you heard Orin tell Vick that he was just a little too
late, that the load of liquor had done gone to Atlanta?
A: Yes, sir.
Q: And he wanted to delay them a little?
A: Yes, sir.
Q: That was after they were "perlavering"?

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A: Yes Joe pushed him out of the car before.
Q: You say Orin told him he was out of his beat anyway?
A: Yes out of the city limits.
Q: Mr. Dowis told him he was a deputy sheriff?
A: Yes, and I told him.
Q: How did you know he was?
A: I heard him say around Duluth he was.
Q: How else did you know it?
A: That is the only way I knew it, -- I heard some of them say he was a deputy sheriff.
Q: What is your feelings towards Vick Dowis?
A: I think as much of Vick Dowis as anybody, he always treated me alright.
Q: Didn't you get mad with him because he searched your premises and found some -
Mr. Dean. I object to that.
The Court. I sustain the objection.
Q: You say you have got a crop this year?
A: Yes, sir.
Q: What does it consist of?
A: Cotton and corn.
Q: How much?
A: About fifteen acres I guess.
Q: You swear you have got a crop?
A: Halvers in a crop.
Mr. Dean. I object.
The Court. I think the cotton and corn he raises is immaterial and I rule that out.
Q: You say there was no licks passed?
A: No only Joe took his hand and shoved him out of the car.
Q: Joe didn't curse him?
A: No, sir, -- yes.

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Q: Orin?
A: He told him God damn him he would search the car, -- Joe told him God damn it he wasn't.
Q: That is all the cursing went on?
A: Orin told him the warrant wasn't worth a damn.
Q: How many shots did you hear fired?
A: Four as well as I recollect.
Q: They were not fired in rapid succession, were they?
A: Fired right straight along, pretty well.
Q: You had your back turned when they were fired?
A: Yes, sir.
Q: Did you ever look back any more?
A: No, sir.
Q: You ran?
A: Yes, sir - after the shooting was over I turned around.
Q: Did you go back down there?
A: I went back down there and got Joe and carried him to Duluth.
Q: Who else was in the car with you?
A: Nobody until I got up there about where Bowls lived.
Q: How far did you carry Joe Simpson with nobody else with you but him?
A: I carried him from down there up to Will Bowles.
Q: How far to Bowles'?
A: I don't know.
Q: About how far?
A: About three quarters.
Q: Who got in the car with you there?
A: Mr. Dodd - carried him on out to Dr. Christian's.
Q: Were you out there when they taken the bottle of liquor off of him?
A: I was out there when they took a bottle out of his sock leg

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but it didn't have any whiskey in it.
Q: What had been in it?
A: I don't know I didn't smell of it.
Q: How come them to take a bottle out of his sock leg?
A: I told them about that bottle.
Q: You told them Joe had a bottle in his sock leg?
A: Yes, sir.
Q: You went and got it out?
A: I don't know whether I got it out or somebody else.
Q: But when they were asking for whiskey you went and got the bottle out of his sock leg?
A: Yes but no whiskey in it.
Q: What size bottle?
A: Half pint.
Q: You didn't even smell of it?
A: No, sir.
Q: How come you to know he had a bottle in his sock leg?
A: I found it in there toting him in the house at Dr. Christian's and he asked about some whiskey.
Q: You mean you felt of it?
A: Yes felt it in his sock.
Q: Did you say anything about it?
A: I told it when he asked about some whiskey.
Q: You did get the bottle out of the sock leg?
A: I won't say whether I got it out or not.
Q: Joe and Orin had been over to your house that morning?
A: No, sir.
Q: Or that night?
A: No, sir.
Q: Did you see them over in Walton County that morning or either one of them?
A: No, sir.

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O. O. Simpson recalled:
By Mr. Dean:
Q: Doctor, did you have occasion to see Orin Simpson at the time of this shooting or afterwards?
A: Yes, immediately after I reached Duluth I went direct to Dr. Christian's home, -- I was directed by Tom Lewis.
Q: Was Orin there?
A: No, sir.
Q: Where was he?
A: He was down at Rutledge's warehouse.
Q: Did you see him after Joe?
A: Yes, sir.
Q: Did you make an examination of him?
A: I did.
Q: Did you find any wounds?
A: Yes, two.
Q: Where were they?
A: One on the left breast about near where my finger is at centerally shot into
the breast, and then there was one cut crossing.
Q: Two pistol shot wounds?
A: Yes, one cut cross him here and didn't enter but it hit his belt and cut his
belt into; he had on one of these army web belts, it knocked up the skin and went through the cloth.
Q: Just two wounds?
A: Yes, sir.
Cross examination by Mr. Nix.
Q: What size bullets, the wounds you saw?
A: I am not an expert on the size of bullets; somebody said 25, 30 or 25 and 20,
but it was a steel jacket bullet the one I cut out; I don't think it was quite as big as a 32, -- the

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wound on Orin.
Q: One went straight through on the left breast?
A: Yes, sir.
Q: The other cut his belt into and grained the skin?
A: Yes, sir.
Re direct.
Q: Have you got the bullet you cut out?
A: No, sir. There were present Reub Gantt, J. E. Cruse, Dr. Christian and others.

The State rests.

John Moore, sworn, testified:
Direct examination by Mr. Nix:
Q: Your name is John Moore?
A: Yes, sir.
Q: Where do you live, Mr. Moore?
A: About five miles South of here.
Q: Five miles South of Lawrenceville?
A: Yes, sir.
Q: Did you live there on the 20th of last February?
A: Yes, sir.
Q: Then you didn't live in the vicinity or community of Duluth where this killing occurred?
A: No, sir.
Q: Were you in Duluth or did you pass through Duluth that day?
A: Yes, sir.
Q: Where were you going?
A: I went through both ways going and coming.
Q: What time did you go through Duluth?
A: I suppose 9 or 10 o'clock.

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Q: Where did you go?
A: About half mile across the river to my son-in-laws.
Q: In Walton County?
A: Yes, sir.
Q: Who was with you?
A: My wife.
Q: Did you return that afternoon?
A: Yes, sir.
Q: Who came back with you?
A: Nobody at all.
Q: By yourself?
A: Yes, sir.
Q: What time did you come back through Duluth?
A: 3 or 4 o'clock.
Q: How were you traveling?
A: In a Ford car.
Q: Curtains up?
A: All but one at the right front door.
Q: You mean the curtains were up and the car was closed, -- had the curtains up except the right front door?
A: Yes, sir.
Q: The top up and the curtains up all except the right front door?
A: Yes, sir.
Q: Now did anything occur after you left Duluth?
A: Yes, sir.
Q: Just tell us what happened in your own way?
A: Something like a mile or possibly a little over this side of Duluth a man
stopped me in the road and waved me down and his car was about 100 yards in
front and waved me down and asked me how much gas I had. I told him I didn't
know. He says I run out and he had a quart bottle in his hand and he got on the
running board of my car and we didn't stop until we got even

Page 73

with his car. I told him I would see how much gas I had. I got out and
examined, and he was saying something about he didn't know how come him to get
out, -- I think he had some in that bottle and he poured it in his tank. I
looked and told him I would spare him half a gallon and he got under my car to
draw it and drew it and I poured it in his tank, and about that time another
automobile drove up with two men in it and one of them got out and says what are you all hauling today.
Q: State whether or not one of them was the defendant, Mr. Dowis?
A: I think so, I didn't know either one at the time. Yes, that is the man I think. When he said that Mr.
Simpson I think made him some reply, I say Mr. Simpson, the man that stopped me I think was Mr. Simpson.
Q: It turned out to be Joe Simpson?
A: Yes, sir. He asked what we were hauling. Mr. Simpson said something, I don't
know what, -- I supposed they were friends and he was going to see if he could
aid us any way. I walked up to Mr. Dowis and I says how much gas have you got.
He says I don't know. I says this man is out. He says how much does he want. He
says if he can get over to the store he can buy it and I decided to let him
have half gallon. Says wouldn't a quart do you. He says a quart do me to go to
Lawrenceville. I don't remember making him any reply. He asked us again what we
were hauling today. I didn't think about anything strange at all, thought they
were friends and he was going to aid us if he could. Mr. Simpson about that
time got out from under my car and as he arose up he says I see you are one of
these bone dry agents, -- that was the first time I thought about it.
Q: Did he use any oath with it?
A: No, sir not at that time I don't think. I noticed then Mr. Dowis had a badge on
as an officer, that was the first time I thought about him being an officer. Mr. Simpson walked around his car

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and put the bung in his tank and Mr. Dowis walked a little towards his car and
says I will have to search, something like that and Mr. Simpson asked him if he
had a search warrant and he says no and he says you had better get one before
you stick your damn nose in. Mr. Dowis says well I can get one, I can keep you
here until I do get one. Mr. Dowis turned around and looked at me and says I
don't know which one of you has got it, and he says what is your name and I
told him. He says Mr. Moore I didn't know you. I says no and I didn't know you.
I says if you think I have got anything search and get it. I realized then what
he was after. He walked up and looked in between the back and front seat of my car, just merely looked over in there.
Q: Turn the curtains back?
A: Yes. I don't know that the back curtain was fastened, I think he kindly turned it back. He says Mr. Moore I
didn't know you, something like that, and then I cranked up my car and got away.
Q: What was Mr. Dowis' demeanor toward you, his conduct?
Mr. Dean. Let him state what he said and did.
The Court. Ask him what he did.
Q: What was his manner, I think that is proper?
A: His manner was pleasant enough as far as I could see as an officer towards me.
Q: Now, Mr. Moore, you say when you got down about a mile this side of Duluth
going towards Lawrenceville, this man who turned out to be Simpson and who you didn't know at the time?
A: Yes, sir.
Q: You say he waved you down?
A: Yes, sir.
Q: His car - where was it from the point where he waved you down?
A: In front of us.
Q: How far?
A: I judge something like 100 yards possibly a little farther.

Page 75

Q: Standing in the road?
A: Yes, right in the road.
Q: Then you say he got on your running board and rode on down?
A: I think he did.
Q: Where did you stop your car, behind his?
A: I stopped it on the left, we were both coming this way.
Q: Both headed towards Lawrenceville?
A: Yes, sir stopped right by the side of him.
Q: Then you told him to get under the car and draw the gasolene.
A: Yes, sir.
Q: During that time did you know who he was?
A: No, sir.
Q: You say you didn't know he was an officer, didn't suspect he was an officer until Simpson come out from
under your car and made the remark that he did about him being a bone dry agent, then you saw his badge you say?
A: Yes, sir.
Q: What was Mr. Simpson's manner toward the officer?
A: He looked like he meant what he said, that is all I can tell you.
Q: What do you mean?
A: Better get a search warrant before he stuck his damned nose in.
Q: That is what he said?
A: Yes, sir.
Q: You didn't stay there until the warrant come?
A: No, sir, I left right then.
Q: Were there any curse words used by Mr. Dowis?
A: I think not.
Q: I believe you said his manner was pleasant, courteous toward you?
A: Yes, sir.
Q: How was it toward Mr. Simpson?
A: I would say it was as much so as possible; I was not there

Page 76

but a minute or so after he used that oath and told him he had better get a warrant.
Q: Do you remember after leaving that place a little piece crossing a branch?
A: Yes, sir.
Q: And going up the hill, did you see anything of any man down about that branch a foot?
A: No, sir.
Cross examination:
Q: Mr. Moore was there anything about the appearance of Mr. Simpson's car that indicated that he had any
liquor in it?
A: No, sir I didn't see anything.
Q: Did you notice the hood of his car?
A: Yes, sir.
Q: What condition was it in?
A: Turned up, open.
Q: The hood was open?
A: Yes, sir.
Q: Had he been working on the car in any way?
A: It seemed he said something about his car, the engine wasn't running good.
Q: He had been working on the engine?
A: Yes, sir.
Q: When you poured this quart of gasolene into Simpson car was Dowis there then?
A: He was when I put in the last one.
Q: You had to raise the front seat to do that?
A: It was already raised?
Q: Anybody could see that?
A: Yes it was raised when I poured it in.
Q: You poured the gas into Simpson's car in Mr. Dowis' presence?
A: This last one.

Page 77

Re direct by Mr. Nix:
Q: The tank was under the cushion of the front seat?
A: Yes, sir.
Q: Mr. Charters asked you if there was anything about the car that indicated whether he had whiskey, -- I
will ask you if there was anything in Mr. Simpson's manner that indicated that he had whiskey?
Mr. Charters. We object to that.
The Court. Yes, -- he can describe to the jury anything he saw.
Q: Did you look in the back part of the car, Mr. Moore?
A: No, sir.
Q: You don't know whether there was a false body to the car or not?
A: I think not, -- I don't know.
Q: Did you ever see one of these liquor cars with a false body under the main body?
A: No, sir. It just occurred to me that I got into it there - the first time I
ever been caught with anything like it - never seen anything of the kind before.
Q: You didn't raise up the cushion of the back seat?
A: No, sir.
Q: You don't know what was there?
A: No, sir.
Q: You didn't look in the back part at all, as I understand?
A: No, sir.
Re cross:
Q: Mr. Moore, Simpson told Dowis that he was perfectly to have his car searched if he had the proper authority?
A: He didn't say those words. Said you had better get a warrant.
Q: He told him if he had a warrant it was all right?
A: Mr. Dowis told him he could hold him there until he got one.

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Q: He was not going to search, and search if he had the right authority?
A: That is the way I took it.
Re direct by Mr. Nix.
Q: Did he say anything else except what you said?
A: That is the best I remember.
Q: The words that he used, can you quote them exactly, as near as you can, Mr. Moore?
A: He just said have you got a warrant, may be he said search warrant. He told him
he didn't have. He says you better get one before you stick your damned nose in it.
Q: Is that all he said about being willing for him to search it?
A: Mr. Dowis says I can get one; I can keep you here until I do get one; Mr.
Simpson says you better get one, or will have to get one; then he turned to me
and says I don't know which one of you has got it. As soon as he got through with me I cranked up and left.
HENRY KNOX, sworn, testified as follows:
Direct examination by Mr. Nix.
Q: Your name Henry Knox?
A: Yes, sir.
Q: How old are you, Henry?
A: 19 years old.
Q: Who is your father?
A: Ed Knox.
Q: Do you know Mr. W. H. Knox?
A: Yes, sir.
Q: What relation is he to you?
A: My grandfather.
Q: Was it or not near his home where this trouble occurred?
A: Yes, sir.
Q: Where is your grandfather at?

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A: He is at home. He is sick.
Q: Is very feeble?
A: Yes, very feeble.
Q: What is the matter with him?
A: The doctor says he has brights disease and a leaking heart.
Q: How old is he?
A: 73 years old.
Q: Is he able to come to court?
A: I don't know whether he is or not; he stays in the bed about half the time.
Q: Where did you live on the 20th of February last, with your father?
A: Yes, sir.
Q: Where was that at?
A: A mile from Duluth.
Q: Which way from Duluth?
A: On this Lawrenceville road East from here.
Q: A mile from Duluth towards Lawrenceville?
A: Yes, sir.
Q: How close to your grandfather's?
A: It is about 200 yards.
Q: Your father's home sets near the road?
A: Yes, sir.
Q: Your grandfather's sets off away from the road a piece?
A: Yes, sir.
Q: Which is the nearest to Duluth, your home or your grandfather's home?
A: My home is nearer.
Q: About 200 yards nearer?
A: Yes, sir.
Q: On this day Henry, the 20th of February, in the afternoon, did you see Joe Simpson?
A: Yes, sir.
Q: Where did you first see him at?
A: I first saw him he passed my home there, he and Orin were in

Page 80

a car together.
Q: Which way were they going?
A: Towards Lawrenceville.
Q: Joe and Orin were together in the same car?
A: Yes, sir.
Q: Coming from towards Duluth?
A: Yes, sir.
Q: Going in the direction of Lawrenceville?
A: Yes, sir.
Q: Passed your all's house.
A: Yes, sir.
Q: How far did they go before they stopped if they did stop?
A: They went about 150 yards.
Q: Who was driving the car?
A: I am not sure, I think Orin was driving it.
Q: Where were you at the time?
A: I was at home in the veranda, up there at my home.
Q: Later, after they passed your house and after they stopped, did you see them any more?
A: Yes, Joe came up home and wanted to know if grandpa had any gasolene; and I
give him nearly a quart, mama told me where to get it.
Q: Did both of them come up there?
A: No, sir, just Joe.
Q: What became of Orin?
A: I don't know.
Q: How close were you to the car when they passed your house?
A: Ten or fifteen steps.
Q: When Joe got this bottle of gasolene from you what did he do?
A: When I gave it to him there was another car coming down the road and he says may be I can get some from
this fellow and he stopped him and went on down the road with him down to where the car was.

Page 81

Q: Did you know this man that was in the other car?
A: No, sir.
Q: What became of you then, where did you go, anywhere?
A: I stayed there at home, -- I saw Vick and Floyd pass down the road.
Q: You saw Mr. Dowis and Floyd Brannon?
A: Yes, sir.
Q: How long before they come along?
A: I reckon something like five or ten minutes.
Q: Where did they go?
A: Went on passed home and stopped down there.
Q: How many cars were there when they got there?
A: Two there when they got there.
Q: That was the car the Simpson boys were in?
A: Yes, sir.
Q: And this man that passed and that you didn't know?
A: Yes, sir.
Q: When they got down there that made three cars?
A: Yes, sir.
Q: Where were you then?
A: At home 150 yards away, something like that; I didn't go then, grandpa went on
down there and I came on behind him.
Q: Was your grandpa at your home?
A: Yes, sir.
Q: And your grandpa went on down there?
A: Yes, sir.
Q: And you didn't go?
A: Not right then, I went on behind him.
Q: When you got down what did you see and hear?
A: Just before I got there I heard grandpa ask them what was the matter and Joe
said this prohibition agent the son-of-a-bitch has got me held up.
Q: Who was he talking about?

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A: I don't know; I just heard grandpa ask him what was the matter, and he said that.
Q: When he said that what did Mr. Dowis say, if anything?
A: I didn't hear anybody speak.
Q: What else did you hear?
A: That is all I heard, I walked on down where they were.
Q: Did you stop?
A: I stopped down there.
Q: Was there any other talking?
A: Grandpa and Vick, but they were talking about the boll weevil, something like that.
Q: Where was Floyd Brannon?
A: Went back to town.
Q: Floyd had gone on back?
A: Yes, sir.
Q: Did he go on back before you got down there?
A: Yes, sir.
Q: Were you there when Floyd came back?
A: I started back up to grandpas about the time he got back.
Q: You went up to your grandpas?
A: Yes, sir.
Q: While you were up at your grandpas did anybody come up there?
A: Joe Simpson.
Q: How far is your grandpas house from the road?
A: About fifty yards I guess up to the well where I was.
Q: From where these cars were stopped was that or not right close to where you
turned off to go up to your grandpas?
A: Yes, sir.
Q: Joe came up to your grandpas at that time?
A: Yes, sir.
Q: What did he say to you?
A: He asked me for a match, I told him I didn't have one but I would get him one,
and he says let me have your shotgun and I will run the damned son-of-a-bitch back to Duluth. I was drinking

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water.
Q: What was it he said?
A: Bring him a gun out there and he would run the damned son-of-a-bitch back to Duluth.
Q: That was Joe Simpson?
A: Yes, sir.
Q: Did you get him the gun?
A: No, sir.
Q: What became of him?
A: I got him a match and he went on back down to the car.
Q: Did you go with him back to the car?
A: No, sir.
Q: When he got back down to the car could you tell whether Floyd Brannon had got back down there or not?
A: No, sir I went on to the house and I went back directly and there was nobody
down there but grandpa, Vick and Joe.
Q: Was it after Joe had been to the house?
A: Yes, sir.
Q: And Floyd hadn't got back?
A: No, sir.
Q: Then where did you go?
A: I stayed around there awhile, and I saw another car coming from towards Duluth and I started on back up
to grandpas and I saw somebody coming up the road and Joe he hollered to come on.
Q: You saw two men coming up the road?
A: Yes, from towards Lawrenceville.
Q: How were they coming?
A: Walking.
Q: You started to say Joe said something?
A: Joe motioned for them to come on, come on.
Q: What did they do?
A: One of them ran.
Q: Did you see whether it was Orin or not?

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A: No, sir I didn't know.
Q: When Joe motioned to them, said come on, one of them started to running?
A: Yes, sir.
Q: Running which way?
A: Towards the car.
Q: Towards Duluth?
A: Yes, sir.
Q: How far away was it?
A: About 150 yards.
Q: You were going back towards your grandpas then?
A: Yes, sir.
Q: When this fellow that you saw running up there from towards Lawrenceville from
that direction, did you see him when he got to the car?
A: No, sir; I had got up to the house and sit down in the veranda.
Q: Did you see what happened then?
A: I heard some cursing going on down there, could not tell what they were saying or who it was.
Q: You heard the cursing?
A: Yes, sir.
Q: You could not tell what the words were?
A: No, sir.
Q: Did you hear any shots fired?
A: Yes I heard the shots fired.
Q: Where were you then?
A: I was standing down at the barn by a shelter leaning up against a post.
Q: How far away?
A: About 60 or 70 yards.
Q: At the barn?
A: Yes, sir.

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Q: Could you see it from where you were at?
A: Yes, I could see from the waist up.
Q: Just before the shots were fired did you see what was going on there?
A: Yes, I saw Orin he made a dive at Vick and put his hands right along there on him and pushed him back.
Q: Orin Simpson?
A: Yes, sir.
Q: Made a dive at Vick Dowis?
A: Yes, sir.
Q: And pushed him back?
A: Yes, sir.
Q: Where were they at?
A: Down at the car.
Q: What did Vick do?
A: Backed back.
Q: What direction, back towards the front or back?
A: Towards the front of the car.
Q: What was Joe doing, could you see him?
A: Looked to me like he was going towards him too, but didn't look like he had hold of him.
Q: Orin had hold of him?
A: Yes, sir.
Q: And Joe you say was going towards him?
A: Yes, sir.
Q: You say Mr. Dowis was backing back towards the front of the car?
A: Yes, sir.
Q: Were you looking at them when the shots fired?
A: I don't know, I didn't see either one of them fall, I was looking the other way before the shots were fired.
Q: Do you know why you turned your head?
A: No, sir.
Q: How many shots fired?

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A: I don't know four or five.
Q: How, quick or not?
A: Just as fast as anybody could shoot a pistol.
Q: Were there any shots fired and then stopped firing and then commenced again?
A: No, sir.
Q: Indicate about how fast they fired?
A: Something like that.
Q: I will ask you if there was any difference in the space of time between any of the shots or about the same?
A: Just about the same.
Q: Did you see the men fall?
A: I saw Joe fall down to his knees after he run off.
Q: Did you see Orin fall?
A: No, sir.
Q: You say you saw Joe run?
A: He ran about two or three steps after I looked back down there.
Q: Was any shots fired after he ran?
A: No, sir.
Q: When was the shots fired before or after he begin to run?
A: The shots was fired before I saw him run.
Q: The shots were fired before he begin to run?
A: Yes before I saw him running.
Q: How far did he run?
A: I reckon he was off about ten steps from the car when I saw him, went two or three steps and then went down to
his knees.
Q: He was running when you saw him?
A: Yes, sir.
Q: And run two or three steps after you saw him and went down to his knees?
A: Yes, sir.

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Q: But had run eight or ten steps?
A: Yes, he was off that far from the car.
Q: Now when you looked down there you heard the shooting, did you look there in that direction?
A: I heard somebody holler O'Lordy after I looked, that was two or three seconds after the shooting.
Q: Where were these men at?
A: Up at the car.
Q: Separate or huddled up together?
A: The last time I saw them they were huddled up together.
Q: How close together?
A: They were not two steps apart.
Q: Right up together?
A: Yes, sir.
Q: How long was that before the shooting began?
A: Just before the shooting, it was not no time hardly.
Q: Could you tell from where you were whether there was any licks passed or not?
A: No, sir. I did not see any.
Q: Was there anything between you and where you was at and the car?
A: There was a fence.
Q: I believe you said you could just see from the bodies up?
A: Yes, sir.
Q: What kind of fence?
A: Plank fence.
Q: You were over there standing by the barn?
A: Yes, and the fence was right along the road there.
Q: How far away?
A: Sixty or seventy yards.
Q: Now, I want to know Henry if you were looking at them when the first shot was fired?
A: No, sir.

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Q: You were not looking at that time?
A: No, sir.
Q: You don't know just what was happening just at that time?
A: No, sir I don't.
Cross examination by Mr. Charters.
Q: As I understand you, Mr. Know, when Joe Simpson came for gasolene you were at your own home?
A: Yes, sir.
Q: And your grandfather was at your home?
A: Yes, sir.
Q: And that is some 200 yards from where this difficulty ensued?
A: Yes, sir.
Q: You subsequently went to your grandfather's?
A: Yes, sir.
Q: And his home is how far?
A: About 200 yards from my home.
Q: About how far from where this difficulty was?
A: About 150 yards.
Q: Your grandfather's home is?
A: No, sir about 50 yards.
Q: When you first saw the Simpsons both of them were in the car passing?
A: Yes, sir.
Q: Had you seen anybody pass the road shortly before that?
A: No, sir hadn't been anybody passed-Solomon Dowis and a crowd of boys basketball game.
Q: Gone on home before the Simpsons passed?
A: Yes, sir.
Q: Then nobody passed that attracted your attention until the Simpson boys passed your house?
A: I don't know I was in the woods cutting wood and I just got home when they passed.

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Q: The Simpson boys had trouble with their car?
A: Yes, working on it.
Q: Orin Simpson went off down the road towards Lawrenceville?
A: I didn't see him go off that is the way he came from.
Q: He would have had to go off that way if he came back that way?
A: Yes, sir.
Q: And Joe Simpson came to your place and asked for some gasolene and obtained a
quart that your mother had told you where to get it?
A: Yes a bottle about three quarters full.
Q: And the next thing you saw Mr. Dowis came down the road?
A: Yes, sir.
Q: And when Mr. Dowis came he was accompanied by Mr. Corley?
A: No, sir Mr. Brannon.
Q: And afterwards Mr. Brannon went back?
A: Yes, sir.
Q: And that left nobody there but Mr. Dowis and Joe Simpson?
A: Yes, sir.
Q: And then Joe Simpson left the car and came up to your grandfather's house and
asked you for the match and the gun?
A: No, sir me and grandfather both went down there before he left, -- that was up at my home.
Q: You had been down there and you went back to your grandfather's house?
A: Yes, sir.
Q: Then Joe Simpson came up to your grandfather's house and left Mr. Dowis in possession of his car?
A: Yes, sir.
Q: And Joe Simpson was not in fifty yards of the car?
A: About fifty yards.
Q: And the car was absolutely in the possession of Mr. Dowis?
A: Mr. Dowis and my grandfather, that was all there was there.
Q: How many times did that occur?

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A: He came up there twice.
Q: And the car in possession of Mr. Dowis both times?
A: Yes, I was down there one time when he went away. He went up to the house
twice. I was down there one time.
Q: So he came back twice and left the car down there in the road and Mr. Dowis at the car?
A: Yes Mr. Dowis and grandfather both.
Q: You were at the well when he came there one time?
A: Yes, sir.
Q: And the well is in the back yard, isn't it?
A: Not exactly, between the back yard and front yard.
Q: Could you see the car very well from that point?
A: No, sir could not see it.
Q: So Joe Simpson had got clean out of sight of the car and left it in Mr. Dowis' possession?
A: He could see the top of it.
Q: He could not see the body of it?
A: No, sir.
Q: He could not see the car well enough to know whether anybody was searching it, could he?
A: No, sir.
Q: Now, you say that after these people came up that you went back to the house
and you heard some cursing down there at the car?
A: Yes, sir.
Q: But you didn't know who it was cursing?
A: No, sir.
Q: What cursing did you hear?
A: I couldn't understand much, going on talking pretty loud, and went to cursing, didn't curse so loud.
Q: But you didn't hear what the words were?
A: No, sir.
Q: You don't know whether damn or God damn or what?
A: No, sir.

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Q: If you couldn't hear it, how did you know they were cursing?
A: The way they were talking.
Q: You didn't know it was cursing if you couldn't hear it?
A: Yes I knew it.
Q: How did you know it?
A: I heard some say damn.
Q: Is that all the curse words you heard?
A: I went back in the house.
Q: Was that all the curse words you heard?
A: Yes, sir.
Q: And you don't know who said that?
A: No, sir.
Q: Do you know or see these parties all three of them, the two Simpsons and Mr. Dowis close together?
A: Yes, sir.
Q: And Orin Simpson had his hands against Mr. Dowis' breast shoving him back?
A: Yes, sir.
Q: Open hand?
A: Yes, sir.
Q: He didn't have anything in his hand?
A: I didn't see anything.
Q: Could not have had if he had his hands that way shoving him back?
A: I didn't see anything.
Q: Could a man?
A: Don't look to me like he could.
Q: He was just shoving him away from the car?
A: Yes, sir.
Q: Joe Simpson was just following on behind not making any effort to strike him?
A: I don't know whether he was or not.
Q: You could see him, you could see above his waist?

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A: Yes, sir.
Q: You could see his hands if they were raised to strike?
A: I didn't see them raised.
Q: If they had been raised you would have seen it?
A: Yes, sir.
Q: Therefore they were not raised to strike?
A: No, sir.
Q: The only thing happening was Orin Simpson pushing him back with his open hands
and Joe Simpson coming on in the same direction?
A: Yes, sir.
Q: Without making any effort to strike him?
A: Yes, sir.
Q: And then the pistol fired?
A: Yes, sir.
Q: You say it fired four times at least, maybe five?
A: Four times I don't know which.
Q: At least four firings of the pistol?
A: Yes, sir.
Q: Clap your hands and show us how it fired?
A: Pow, pow, pow, pow-that way.
Q: When you saw Joe Simpson he was out towards the cotton house, wasn't he?
A: Yes, sir.
Q: He had already run some six or eight steps before you saw him?
A: Yes, sir.
Q: You were not looking at them just the moment the pistol was fired?
A: No, sir.
Q: You don't know then but Joe Simpson was running away from Mr. Dowis at the time the pistol fired?
A: I could not tell.

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Q: When the pistol fired you did look?
A: No, sir I heard somebody holler.
Q: Didn't the pistol attract your attention?
A: I didn't know whish was shooting, I was behind the post.
Q: Which post?
A: The post there at the shelter.
Q: Were you hiding behind the post?
A: Yes, sir.
Q: For what?
A: I didn't know which way the bullets were coming.
Q: You didn't know there was any shooting until you heard it?
A: I wasn't looking towards that car when the shooting started.
Q: You had been looking instantly before the shooting?
A: Yes, sir.
Q: You heard the pistol fire?
A: Yes, sir.
Q: Then you got behind the post?
A: Yes, sir.
Q: You didn't get behind the post before the pistol fired?
A: I was standing behind the post before it fired. I started down there and
stopped and leaned up against the post.
Q: Did you get tired?
A: I looked to see what was going on before I left.
Q: You were then looking?
A: Yes, sir.
Q: And saw what was going on?
A: Yes, sir.
Q: And it was while you were leaning against the post that way that you saw the scuffling that spoke about?
A: Yes, sir.
Q: And you then turned your head for an instant, you didn't change your position with reference to the post?
A: No, sir.

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Q: Turned your head and the shooting occurred?
A: Yes, sir.
Q: When you looked back Joe Simpson was already in the field at the road?
A: Joe ran off a little road towards the cotton house.
Q: So the last thing that you saw before the shooting was Orin Simpson pushing Mr.
Dowis back and Joe Simpson following without making any effort at all to strike him?
A: Yes, sir.
Q: And the next thing your head turned and the pistol fired?
A: Yes, sir.
Q: And the next thing Joe Simpson was six or eight steps from Mr. Dowis and still running?
A: Yes, that is all I saw.
Re direct
Q: He was asking you about getting behind the post, did you think there was going to be trouble down there?
A: I didn't know what was going to happen; I didn't care anything about seeing the car searched.
Q: When he came up there and asked you for that gun, did you think then there was going to be trouble?
A: I didn't have any idea.
Q: Was it after that that you stood behind the post or leaned up against it?
A: Yes, after that.
Q: You told Mr. Charters when the shooting took place you was not looking down there?
A: No, sir.
Q: How long was it before you looked down there, was the shooting over before you looked down there?
A: Yes, sir.
Q: How long had it been over?

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A: Three or four second. I heard somebody hollering after the shooting.
Q: You never looked down there until you heard somebody hollering?
A: No, sir.
Re cross examination by Mr. Charters:
Q: When Joe Simpson came up to you and asked for a gun, you didn't furnish him any gun?
A: No, sir.
Q: And he didn't have any gun?
A: No, sir if he did I didn't see it.
Q: And went from your place down to the car?
A: Yes, down that way.
Q: The next time you saw him there at the car?
A: Yes, sir.
Q: There was not any place between there where he could have got a gun?
A: No, sir.
Q: You know Joe Simpson didn't have any gun?
A: No, sir he asked me for one.
Q: You were not looking for him to shoot were you?
A: No, sir.
Re direct
Q: You don't know what he got after Orin got there?
A: don't know what he got after they got back together.
CLAUDE BROOKS, sworn, testified as follows:
Direct examination by Mr. Nix:
Q: Your name is Claude Brooks?
A: Yes, sir
Q: Where do you live?

Page 96

A: Here in Lawrenceville.
Q: Who do you work for?
A: R. S. Simmons.
Q: What do you do?
A: Drive the Coca Cola Bottling Works truck.
Q: Were you in that sort of work February the 20th last?
A: Yes, sir.
Q: Do you know the Simpson boys?
A: Yes, when I see them.
Q: Are you any relation to them?
A: No, sir.
Q: Or to Mr. Dowis?
A: No, sir.
Q On this day Claude, 20th of February, in the afternoon, were you on this truck with a load of coca
cola?
A: Load of bottles.
Q: Where had you been?
A: I had been across the Chattahoochee river over in Walton County.
Q: You have got customers over there that you furnish?
A: Yes, sir.
Q: Did you see Joe Simpson that afternoon?
A: Yes, sir.
Q: Where at?
A: At a Ford car in front of Mr. Knox's house.
Q: Where is that?
A: I judge about a mile this side of Duluth.
Q: Which way were you going?
A: Going towards Lawrenceville.
Q: Just tell what occurred when you drove up there if anything?
A Well, Mr. Simpson and Mr. Dowis and Mr. Knox was at the car when I came along,
and I just drove on up sorter slow right on by them. I didn't know what was up. So Joe Simpson got on my truck

Page 97

and rode a little piece and says "do you know Orin Simpson". I says "yes"
and he says he is right down the road and tell him to come on up here the bone
dry agent has got us held up and I want him here as quick as he can get here.
Q: How many cars were standing down there when you got there?
A: At that time, when I passed, one.
Q: It was the Simpson car?
A: Yes, sir.
Q: Was it headed towards Lawrenceville?
A: Yes, sir.
Q: You say there was Mr. Dowis and Mr. Knox, is that the old Mr. Bill Knox?
A: Yes, sir.
Q: Joe Simpson was there?
A: Yes, sir.
Q: When he told you that what did you do?
A: I drove on down the road I judge about four or five hundred yards down to a little creek down there and Orin
Simpson came down on the old road out of the woods and came in the road before I got to him and commenced motioning for
me to stop and I drove across the creek and stopped and he looked like he had been running and he says "have you got
anything to drink there" I says "yes, I think so" and I had two full cases on the back and bought a bottle of coca
cola and ginger ale and drank one of them and put the other bottle in his pocket and asked me says "them damned officers
up there" I says "that police from Duluth is up there. He says "let's go back up there" I says "I aint got time, I
have had tire trouble and I am two hours late now" He says "come on, let's go back up there, help me out in this
thing." I says "I had rather not do it, I don't see hardly how I can and me running late like I am" He says "that
don't make any difference you can make that up, you can tell him about how come you late." I says "I know, but I think
more of

Page 98

my job than do that." He says "go on back up there with me" I says "no, I don't want to go up there and get
in any trouble" He says "be no trouble, we are going to beat hell out of him." I says "I don't want to get into
it" He says "if you don't I will beat hell out of you." I knew him, but I didn't understand that. I says "I will go
part of the way with you" In going on back up the road a little piece just across the creek I was telling him I wanted
to go back and he says "come on and let us go on" I says "have you all got any whiskey on that car, I don't want to
get in any trouble" He says "we aint got a drop now, -- no matter whether we got fifty gallons he can't search that
car" I says "I don't want to get tangled up in that." I stopped. I says "I believe I will go back" and he says "come
on or you may be you would have wished you had" I didn't know how to take that. I went on up the road with him. I
says "if you have got no whiskey up there I would not raise any trouble with him about it" He says "we are going to
beat hell out of him." He says "I want to get one kind of hold on him and I will pop his damned neck so quick" and
shoed me by taking hold of me. He says "if I can't do that I will cut his God damned throat." I says "I had rather not
go up there, there is going to be some trouble, I had rather go back" He says "you better come on, come on up there
like I tell you" I went on. In fact I was afraid there would be some trouble with me and him, I went on with him. When
we got in about fifty yards of the car Joe Simpson was up there and he motioned for Orin to come on and he broke and
run and I says "I am going back" and he says "you come on" and I went on. When Orin got there he threw his hat down on
the ground and the first word I heard him say he cursed Dowis and said you could not search that automobile, and Mr.
Dowis says there is no use of talking to me that way, I don't want any trouble here. Orin says makes no difference that
is our business here if you undertake to search it we will beat hell out of you.

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Orin pulled out a bottle and opened it and drank part of it and Joe took it
away from him and he was cursing Dowis and calling him a son-of-a-bitch and
everything, and Orin says "I am a white man free born" and Mr. Dowis says "I am
too" and he says "you are a God damned lying son-of-a-bitch, you are," and Mr.
Dowis says "that is hard to take, I know I am an officer and supposed to take
all of that, but that is hard for any man to take, don't talk to me that way.
Just before I got there I saw a fellow drive down there in a car and that was
Floyd Brannon and hand Mr. Dowis a piece of paper and Mr. Dowis handed it to
Joe Simpson and Joe took it and looked at it and by that time Orin had got
there and I went on up there and Orin says don't you see it aint no good. I
says I don't know whether it is any good or not, it is the first one I ever
saw, I don't know what it would take to make one good. I was on one side of the
car and they were all three on the other side, and then they came around on
this side on the side where I was at and Mr. Dowis says it has been reported to
me that there was whiskey in one of these cars and you made me get a search
warrant to search and it is my duty to search and I am going to search it. Joe
says you better not undertake to search it with that warrant, you will get
yourself in bad trouble. Mr. Dowis says what for me to do, drive off and not
search it. He says don't make no difference what for you to do, and Orin says
you aint going to search this car, you can run over some people but here is two
you aint going to run over. He started around the back of the car as if to
begin the search and some words said I disremember what it was and Joe jumped
up in the back seat of the car and sit down and Dowis started around the back
of the car and Orin ran up behind him with a bottle in his hand and hit him and
Joe says let me get there I will cut the damn son-of-a-bitch's guts out and he
hopped out of the car and both jumped on him and they were hitting him for all
he was worth; they started at the back door of the automobile and scuffled
around until about seven or eight feet in front of the radiator and I saw Dowis

Page 100

reach and get his gun, and I broke and ran about twenty or thirty feet and I heard the shots and I looked
around immediately after he quit shooting and I saw Joe Simpson standing sideways to Dowis and Orin fall dead, and
that minute Joe broke and ran down across the road like he was holding to his leg over sideways that way.
Q: In going from this creek back to where they were where you first saw Orin, you say he came out of the woods?
A: Yes, and old road.
Q: At that point could you see the car back up where Joe was at?
A: No, sir.
Q: How was the road there?
A: Sorter around a curve up the hill there.
Q: When you started back there across the creek and went on up the hill how far
did you get before you got in sight of them?
A: I imagine it is about between three and four hundred yards up to the top of the hill.
Q: You all had to go three or four hundred yards before you got in sight of them?
A: Yes, sir.
Q: When you got in sight of them what was it you said Joe did to Orin?
A: Not when we first got in sight-when he first seen us, I imagine he did, he commenced motioning for Orin to
come on.
Q: Before that as you went up the road, what was it Orin did?
A: He got me around the neck, that was when I told him if they both jumped on him he had a gun - he said get the
right kind of hold around his neck he would break his damned neck and showed me how he would do it.
Q: Was he drinking?
A: Yes, I smelled whiskey on him. He said he would throw off that pistol.
Q: If he didn't do that, what?

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A: He pulled out a little old knife about that long and said he would cut his damned throat.
Q: Was that before Joe saw him coming?
A: Yes, sir.
Q: You say when Joe saw him coming he motioned for him?
A: Yes, sir.
Q: Orin then broke and run?
A: Yes, sir.
Q: When Orin got up there how far were you behind him?
A: I guess thirty yards.
Q: What was it you said Orin did when he got up there?
A: Threw his hat down on the ground, -- first word was cursing Dowis and called him a son-of-a-bitch and said
you could not search that automobile.
Q: Who was the closest to these people when this fight happened?
A: I was.
Q: How close?
A: I was on one side of the car and they were on the other.
Q: Where was Bill McGee and Corley?
A: In a Ford Coupe out there.
Q: How far?
A: I judge about thirty yards.
Q: Headed towards Duluth?
A: Yes, sir.
Q: Did you see them in that Coupe?
A: I saw two men after the shooting.
Q: When did they get out?
A: After the shooting was over.
Q: Did you see a man standing there talking to them?
A: Yes, sir.
Q: Who was that?
A: Floyd Brannon.
Q: as there another car up there near that car?

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A: Yes, sir.
Q: Do you know what car?
A: It was a touring car, Ford, I don't know whose it was.
Q: When you got up there Boy Corley or at least two men were sitting in a Ford Coupe at least 35 or 40 yards away?
A: Yes, sir.
Q: And Floyd Brannon was up there?
A: Yes, sir.
Q: Which side of the car were they on, which side of the Simpson car were they on when you said one of them
struck him with a bottle?
A: Right about the hind wheel when Orin hit him with the bottle.
Q: What did Dowis do then?
A: He whirled around and Orin grabbed him around the neck.
Q: What was Joe doing?
A: He jumped out over the back door on to him.
Q: What did he do when he got to him?
A: He hit him with something, I don't know what it was.
Q: You say he jumped out of that car and had something in his hand?
A: Yes, sir.
Q: You couldn't tell what it was?
A: No, sir.
Q: You know it was something?
A: I could not say whether it was a piece of wood, wrench or what it was, it was about that long (showing).
Q: What did it look like?
A: In fact, I was more watching Orin right then that I was Joe, because it sorter
got me excited a little bit - I couldn't say what it was he had.
Q: Do you know Joe had something in his hand?
A: Yes, sir.
Q: Did he have it in his hand when he jumped out of that car?
A: Yes, sir.

Page 103

Q: How did they get back in front of the radiator, did Mr. Dowis back or not?
A: Yes, he was backing.
Q: What was he saying to them?
A: I never heard anything he was saying.
Q: You say both of them were striking at him?
A: Yes, sir.
Q: What position did they get Mr. Dowis in?
A: At one time bent over nearly to the ground, that was when he raised up and pushed his coat back for his gun.
Q: Bent over nearly to the ground?
A: Yes, sir.
Q: When he was bent over nearly to the ground where was Joe and Orin?
A: They were on him right up by the side of him hitting him.
Q: What was Orin hitting him with then?
A: I could not say after he hit him there at the hind wheel with the bottle
whether he still kept the bottle in his hand, but both still hitting him.
Q: Did you hear Joe or Orin make any statement right then about whether they would cut his guts out or not?
A: I know Joe jumped out of the car over on him.
Q: When did you hear any statement?
A: As Joe jumped out over the car he says let me get to the God damned son-of-a-bitch I will cut his guts out.
Q: You say Mr. Dowis was in that stooping position when he reached for his gun?
A: Yes, sir.
Q: Had they knocked him to that position or not?
A: I suppose they had, it looked like it to me.
Q: Did he ever go to his knees?
A: I can't say whether he was to his knees or not; he was scrambling around to raise back up straight - just at that

Page 104

time is when I broke and ran about twenty or thirty feet towards the Coupe.
Q: When you stopped at that twenty or thirty feet were you the closer man?
A: Unless it be Mr. Knox.
Q: Did you know Frank Mattison?
A: Yes, sir.
Q: Was he there, did he see it?
A: He was there at the touring car, Ford, between the Simpson car and the coupe.
Q: Who was the nearest to the place of the difficulty Mattison or that Coupe with those men sitting in it?
A: I judge the car where Mattison the nearest.
Q: The car where Mattison was kindly between the Simpson car and the Coupe?
A: Yes, sir.
Q: Did you get up as far as Mattison was?
A: Right close up, to see him and the other fellows.
Q: How many shots were fired?
A: Either four or five.
Q: How were they fired?
A: In rapid succession.
Q: You say when the shots were fired then you looked around?
A: Yes, immediately after the last shot was fired.
Q: Instantly?
A: Yes, to see what had been going on.
Q: Did you look around before Orin fell?
A: Yes, he was going down.
Q: Where was Joe?
A: He was standing there kindly sideways to Mr. Dowis, right at him, -- almost in
that same minute he broke and ran down across the road there.

Page 105

Q: Was there any shots fired after you looked around?
A: No, sir.
Q: When you looked around Joe was still standing there kindly with his left side to him?
A: Yes, sir.
Q: And then he broke and ran?
A: Yes, sir.
Q: When he broke and ran which direction did he go?
A: Towards Duluth, -- across the road around this way.
Q: Around that way?
A: Yes, sir.
Q: In making that round around that way which side was towards Mr. Dowis, his right side or his left side?
A: I can't say hardly which position Mr. Dowis was standing in when he was running.
Q: As Joe ran, what I want to know, did he run in a right hand direction or left?
A: Right hand direction.
Q: He didn't run straight up the road but ran around?
A: Yes, sir.
Q: Did you go back there as soon as the shooting was over?
A: Came back down there to where Orin Simpson was dead and stayed there just a
minute and realized what a fool I was and left and went on back there to my truck.
Q: What do you mean?
A: Coming back up there with him. I ought to have stayed and seen what he meant by what he said.
Q: Did you hear anything there before you did leave?
A: Yes, Mr. Bill McGee came down there where we were all at and says to Mr. Dowis
"Now, Dowis, you see what you have done, you had no business doing this." Mr.
Dowis says "What else could I have done when they were trying to kill me." He
says "you could have done something else, I have been expecting this, you have
been too fast around here and you see what you have got yourself into."

Page 106

Mr. Dowis says "Tell me one thing I could have done" and McGee says "I don't
know, you could have done something else" and Mr. Dowis says "what could I have
done and them hitting me with a bottle and wrench" and at that time Dowis picked up a wrench and stepped back
there a few steps and laid it up on the fender of the Ford automobile.
Q: You say Mr. Dowis picked up the wrench?
A: Yes, sir and laid it up on the fender of the Simpson car - right there where
Orin was shot and there where all three of them was at.
Q: What sort of a wrench was it?
A: It looked to me like a spark plug wrench.
Q: You have seen a Ford spark plug wrench, is that what it looked like?
A: Yes, sir.
Q: And laid it up on the fender?
A: Yes, sir.
Q: Of what car?
A: The Simpson car.
Q: Did you see any knife there?
A: No, sir.
Q: Did you see the bottle there afterwards?
A: No, sir I didn't look for any bottle.
Q: You left there then?
A: Yes, sir.
Q: At the time they clinched there Claude, when you say that one of them hit him with a bottle, which
one was that?
A: Orin.
Q: When Orin hit him with that bottle you said you didn't know whether the bottle flew out of his hand or not?
A: No, sir.
Q: Did you see him make any other movement of his hand, Orin?
A: Yes, Orin got him around the neck there and still hitting him with one hand.

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Q: You could not tell whether the bottle was in it or not?
A: No, sir.
Q: You mean Orin got Dowis around the neck like he showed you and was striking him then?
A: Yes, sir.
Q: You couldn't tell what he had in his hand?
A: No, sir.
Q: At the same time the other one hitting him with a wrench?
A: Hitting him with something.
Q: How long was that before the shooting?
A: A minute, something like that, as quick as they scuffled now from the hind
wheel of the Ford automobile to the radiator.
Q: During that time did Mr. Dowis have anything in his hands?
A: No, sir.
Q: Was he striking them?
A: It looked to me like he was jerking and trying to get loose is the way it looked to me.
Cross examination by Mr. Charters:
Q: Mr. Brooks, you say you had been over to Walton County delivering soft drinks
and passed this Simpson car on the road on your return trip to Lawrenceville?
A: Yes, sir.
Q: And that Joe Simpson when he saw you pass said what to you?
A: He got on my truck and asked me did I know his brother and says he is right down the road and tell
him to come on up here the bone dry agent had held him up, and come up there as quick as he could get there.
Q: Did he tell you where his brother was?
A: He said down the road there.
Q: Did he say where he had gone?
A: No, sir.

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Q: I believe you said you turned out of your road?
A: No, sir he came down out of a little old road out of the woods. It is an old
road where he came down out of the woods.
Q: An abandoned road?
A: Yes, sir.
Q: And you saw him?
A: Yes, sir.
Q: And the first thing he said to you was he asked you whether the prohibition agent had the car?
A: He asked me was them damned officers up there. I says that police is up there.
Q: That is the first thing that passed between you and Orin?
A: The first thing did I have anything to drink, and the next thing was them damned officers up there.
Q: Instead of you telling him delivering the message that his brother had sent by
you to the effect that the prohibition officer had him he asked you if they did have him?
A: Yes, sir.
Q: He must have sensed that some way you didn't tell him, he must have got that out of the atmosphere some way?
A: I guess so.
Q: You quite sure you didn't tell him that?
A: I told him that the police -
Q: You didn't tell him until after he asked you?
A: No, sir I didn't.
Q: You told him then that the police was up there?
A: Yes, sir, that is all I knew, he was at that time.
Q: You told him too, who it was?
A: No, sir, I just said the police from Duluth.
Q: You never did tell him his brother wanted him to come down?
A: No, sir I didn't aim to tell him. I thought the way Joe spoke it there would be
trouble if they got back up there.
Q: Before that didn't you think there would be trouble?

Page 109

A: Between me and him.
Q: Didn't you say you didn't aim to tell Orin because you thought there was going to be trouble?
A: Yes, sir.
Q: You thought there was going to be trouble before you ever got back there and before you saw Orin Simpson?
A: I thought if his brother got the word when he got up there there would be trouble.
Q: You didn't aim to tell him?
A: No, sir.
Q: After you told him it was a fact the prohibition agent was there, prohibition
officer, then he stopped and got the drink?
A: Yes, sir.
Q: How many drinks did he get?
A: Two.
Q: Did he drink them both?
A: He drank one of them there, and the other one back up at the car.
Q: What did he get first?
A: I think it was a ginger ale.
Q: What did he do with that bottle?
A: I think he put it back on the truck.
Q: Then got another bottle?
A: Yes and put it in his pocket.
Q: Did he drink that at the truck?
A: No, sir at the car, he and Joe together drank it.
Q: Didn't he put both bottles in his pocket?
A: No, sir.
Q: You quite sure of that?
A: Yes, sir.
Q: You made an affidavit in this case, didn't you?
A: Yes, sir.

Page 110

Q: I will ask you if you didn't swear in that affidavit that Orin Simpson waved
you down and bought a coca cola and ginger ale and drank both of them and put the bottles in his pocket?
A: Well, he might have put both bottles in his pocket, but up there at the car I only saw one bottle.
Q: You said awhile ago positively that he put one of the bottles back on the truck, which is right?
A: I can't say positively which is right right there now.
Q: Do you know whether he drank both of them up there or not at the truck?
A: No, sir I know he drank one of them.
Q: Well you testified in this affidavit - I will ask you if you didn't testify
that you drove on and when you got there Orin Simpson waved you down and bought
a coca cola and ginger ale and drank both of them and put the bottles in his pocket?
A: Since I studied over it he didn't drink but one of them though.
Q: Then you didn't tell the truth if you told this?
Mr. Nix: We object.
Q: When are you telling truth now or then?
A: I am supposed to be telling it both times. The best of my knowledge I was telling it both times.
Q: Did he drink both of the bottles up there?
A: The best of my recollection at that time he drank one of them up there.
Q: Then you are mistaken when you made this affidavit?
A: I must have been.
Q: You made this affidavit on the 3rd day of March less than two weeks
after this thing happened, that right?
A: Yes, sir.
Q: And your memory is better now that it was then?
A: I don't know whether it is better now than it was then or not.
Q: Now you say he drank one at the car?

Page 111

A: The reason I say now, because he drank one bottle over at the car, I wasn't thinking about that at that time.
Q: So you reasoned it out?
A: Yes, sir.
Q: You are depending on your reason more than your recollection?
A: I had more time to think it over.
Q: Two weeks was not enough to think over it, you had more time and you think now
you were mistaken at the time you made this affidavit?
A: I might have been.
Q: You say that Orin after he had done this drinking he did at the truck, asked you to go down there with him?
A: Yes, sir.
Q: And you told him you didn't want to go?
A: Yes, sir.
Q: And you argued about it some little time?
A: Yes, sir.
Q: And he finally told you if you didn't go he would beat hell out of you?
A: Yes, sir.
Q: And you didn't want him to do that?
A: No, sir I didn't want any trouble with anybody.
Q: Because you didn't want him to beat hell out of you you went with him?
A: Yes, sir.
Q: You wanted to keep the hell in you, did you?
A: Yes, sir, I reckon I did.
Q: You walked on down the road with him?
A: Back up the road.
Q: And then he stopped and experimented a little with you?
A: Yes, sir.
Q: Was not in any hurry to get to this car?
A: I didn't say he stopped, he got me around the neck, and we was just mozing along.

Page 112

Q: He got you around the neck to show you how he could do?
A: Yes, sir.
Q: You got up closer and you saw Joe beckon or call him, beckon to Orin?
A: Motion with his hand just this way.
Q: Then what did Orin do?
A: He broke and run.
Q: And what did you do?
A: I mozied on.
Q: Why didn't you mozy on back?
A: That is what I told him, -- he said I better not.
Q: When you saw he left you then there was no compelling reason?
A: I know, but I was fearing I would see him again.
Q: You were going up there where you supposed this trouble was going to be because
sometime in the future you was afraid you would see Orin?
A: Yes, sir.
Q: You had every opportunity of going back to your truck but you didn't go?
A: I could have went back, but I might have had some trouble, I didn't want to have any trouble with him about it.
Q: So you mozied on down?
A: Yes, sir.
Q: When you got there, -- when this beckoning and motioning from Joe to Orin took place?
A: I judge fifty yards.
Q: The car was in plain view?
A: Yes, sir.
Q: And had been in plain view for sometime?
A: No, sir.
Q: How far could you have seen that car down that road, you could have seen it at least 200 yards, couldn't you?
A: I judge 100 yards.

Page 113

Q: Isn't it true that car was located at a place where there is a plain view in that road 200 yards on each side?
A: I judge one hundred and fifty yards.
Q: For at least 150 yards before Orin got to the car he could see it?
A: Well, we was in about fifty yards when Joe commenced motioning, and we had been in view about one hundred yards.
Q: 150 yards before he got to the car it was in plain view of him?
A: Yes, sir.
Q: Could you see who was there?
A: He could see some men out there; I don't know whether he could tell who they were or not.
Q: Could not tell a man 150 yards down the road?
A: I don't know whether he knew them or not.
Q: You told him?
A: I told him the police was there.
Q: If you told him that at the truck why didn't he know who was there when he started back?
A: I guess he did.
Q: He knew who was there all this 150 yards?
A: I guess he did.
Q: He never made any effort to gain his pace until his brother motioned?
A: That is right.
Q: When he got there what did he do?
A: Orin threw his had down on the ground and cursed Dowis, called him a
son-of-a-bitch and says he could not search the automobile.
Q: What was the next thing?
A: The next thing Brannon drove up with a search warrant and give it to him and he
handed it to Joe and Joe handed him the search warrant and he had done said
that to Dowis, no man can't search my automobile with a warrant like this and handed the warrant

Page 114

to me and asked me didn't I know it aint good. I says I don't know, it is the first one I ever saw.
Q: The first thing he threw his hat down on the ground?
A: Yes, sir.
Q: Do you know why he did that?
A: He was mad I guess.
Q: Didn't stamp his hat?
A: The best of my recollection he stamped it.
Q: Got mad at his hat and stamped it?
A: I guess mad about Mr. Dowis.
Q: When did he drink the coca cola?
A: He and Joe drank one up there at the car.
Q: What time was that?
A: That was just a few minutes before the fighting commenced?
Q: He had called him a son-of-a-bitch?
A: Yes, sir.
Q: He had thrown his hat down and stamped it?
A: Yes, sir.
Q: And told him he couldn't search that car?
A: Yes, sir.
Q: And the confusion started just the moment he got there?
A: Yes, sir.
Q: And then he suspended hostility long enough to take a coca cola?
A: Yes, sir.
Q: Did he declare an armistice?
A: No, sir.
Q: He stopped?
A: One drank a little bit and the other took it and he drank, and one saying
something to Mr. Dowis, and then the other saying something to him.
Q: The more coca cola they drank the fiercer they got?
A: No, sir, -- when he got through drinking he was saying he was a white man and free born.

Page 115

Q: Did they pass the bottle more than once?
A: The best of my recollection Orin drank part of it and Joe took it and then Orin took the bottle himself.
Q: Anything left when Orin took it?
A: The best of my recollection nothing.
Q: Everything stopped while doing that. - stopped quarreling?
A: One saying something to him while the other drank, and as quick as he got through the other saying something.
Q: At least stopped long enough to drink?
A: Yes, sir.
Q: And pass the bottle?
A: Yes, sir.
Q: As soon as they finished drinking then they went back at it?
A: Yes, sir.
Q: About how long a time did they consume in drinking coca cola?
A: I judge a minute.
Q: What was Dowis doing then?
A: Standing over about the right wheel of the car from where I was.
Q: All over on that side?
A: Yes, sir.
Q: All there together?
A: Yes, sir.
Q: How far were they apart at the time they were drinking the coca cola, all three of them?
A: I judge Joe about the middle of the car and Orin close to the hind wheel on the side where they were,
and Dowis about the right front wheel of the car.
Q: He was ahead of them?
A: Yes, sir.
Q: They were then in two or three feet of each other while coca cola drinking?
A: Yes, sir.

Page 116

Q: As soon as they drank the coca cola what happened?
A: Told him he just as well go on home, Joe spoke up and says you aint going to search this automobile.
Q: Told him he was not going to search it with that warrant?
A: Yes, sir.
Q: Warrant no good?
A: Mr. Dowis says if it aint no good what did the Justice of the Peace send it to me for.
Q: Then they passed it on to you?
A: I had already looked at it. I didn't know.
Q: Did you read it?
A: I read it and saw Joe Simpson's name on it and one Ford touring car.
Q: What else did you see on it?
A: I don't remember.
Q: Then who did you hand it back to?
A: Orin took it from me.
Q: What became of the warrant finally?
A: I don't know what became of it. Mr. Dowis I reckon got it back, -- I can't say.
Q: What stage was it that Joe got up in the car, what stage of the difficulty?
A: That was after they got through drinking and they were on that side and Mr.
Dowis says it has been reported to me that there was whiskey in the car and I
am going to search it and he came around on the side where I was at.
Q: Which side of the car were you on?
A: The left.
Q: Which side were they on?
A: On the right at that time.
Q: And then they got away from that side?
A: Yes and Mr. Dowis came around and they followed him around

Page 117

there and Joe jumped up on the back seat and Joe shoved him that way and Mr. Dowis started around the back of
bthe car and Orin hit him with the bottle.
Q: Joe had gotten up in the car and came out and says let me get there and I will cut the son-of-a-bitch's guts
out?
A: Yes, sir.
Q: And he had a wrench or a stick of wood?
A: Something.
Q: It wasn't a knife?
A: It didn't look like a knife to me.
Q: You can tell a knife, can't you?
A: Yes, sir.
Q: What was he going to cut him with?
A: I don't know.
Q: He had something in his hand and you don't know what it was?
A: No, sir.
Q: You could not tell whether it was a wrench or not?
A: I have my opinion; but I can't swear what it was.
Q: Did he hit him with that wrench?
A: Yes he was hitting him with it; I know he hit him one time.
Q: Where did he hit Mr. Dowis with the wrench?
A: Looked to me like in the back of the head?
Q: Kept on hitting?
A: Yes, sir.
Q: Where were they at this time?
A: All on the far side of the car from me.
Q: They got back then on the right hand side of the car?
A: Yes, sir.
Q: Orin still striking him?
A: Yes, sir.
Q: And they were both on him at the same time?
A: Yes, sir.
Q: He got down might near to his knees?

Page 118

A: Yes, sir.
Q: Didn't he get down on his knees?
A: I can't say positively.
Q: They were on him?
A: Yes, sir.
Q: On top of him?
A: Up against him.
Q: Both of them on him?
A: Yes, sir.
Q: You thought he might have been on his knees?
A: He was not right on his knees. He was trying to straighten up and that is when I saw him trying to get his gun.
Q: He straightened up with both on him, -- how did he get up?
A: Shooting.
Q: How did he raise himself up finally?
A: I saw him reach for his gun just as he was coming up this way.
Q: Where was his gun when he shot?
A: I don't know, I guess it was in his pocket. I didn't see.
Q: You think he shot from his pocket?
A: I don't know whether he shot through his pocket.
Q: If it was in his pocket he would have to shoot through it?
A: I saw him reaching, I never did see him pull his gun out.
Q: You think the gun was in his pocket when he shot?
A: Not when he shot.
Q: You didn't mean to say the gun was in his pocket when he shot?
A: No, sir. I meant the gun was in his pocket when he was reaching for it.
Q: Then it was you didn't see anything more?
A: Not until after the shooting.
Q: Where were you now when he reached for his gun?
A: Standing there right close to the car; I had got back right even with the back end of it.r>
Page 119

Q: When the shooting occurred, you were where?
A: I guess I was running backwards then.
Q: About how far from the car when that happened?
A: I guess somewhere twenty feet, something like that.
Q: When did you stop?
A: Immediately after I heard the shooting.
Q: You didn't look back until after the shooting was over?
A: No, sir.
Q: You saw Orin down?
A: Saw Orin falling, sinking down right there, falling.
Q: Did you see Joe running out about the cotton house?
A: I saw him run but he was standing when I first looked around, almost at the minute I looked around he broke
and ran.
Q: And he went out towards the cotton house?
A: I don't remember about the cotton house but across the broomsege patch there.
Q: You then went back?
A: Down to where the shooting was?
Q: Yes?
A: All of us except Mr. Corley and Buck Foster.
Q: Who was there present at the time of this struggle that you spoke about, that the wrench or stick of wood and
the bottle was being used, who was present?
A: Mr. Knox, Frank Mattison, Mr. Corley, Buck Foster, Mr. McGee and some little boys I don't know who they were.
Q: They were all present at that time?
A: Yes, sir.
Q: You went back down to the car where the dead man was lying, Orin was dead by that time?
A: Yes, sir.
Q: Did you wait until they took Joe?
A: Mr. Corley and Buck Foster got hold of him, I never did see him fall.

Page 120

Q: Who took him off?
A: Mr. Corley and Buck Foster put him in the Ford touring car.
Q: Both of them went in a car with Joe?
A: Yes, sir.
Q: You saw that?
A: Yes, sir.
Q: You are quite sure of it?
A: Yes, sir.
Q: Then where did you go?
A: I left there.
Q: Where did you go?
A: I came back to the truck.
Q: Where was the next place you stopped?
A: Up at Mr. Trammell's store.
Q: And at Trammell's store who did you see?
A: I don't remember who all; I remember seeing Roy Martin and a fellow Wright and Mrs. Trammell.
Q: Did you see Ode McKerley?
A: A big, tall red faced fellow.
Q: I never saw him?
A: I think that is what they say his name is.
Q: You saw him there?
A: Yes, sir.
Q: And saw Mrs. Trammell?
A: Yes, sir.
Q: Now I will ask you when you got to that store, that was Trammell's store, did you say?
A: Yes, sir.
Q: If you didn't state then in the presence of all these parties that you have mentioned who were there at the
store, didn't you state to them that you thought there had been some shooting over in the road and that you thought
that Orin Simpson was killed

Page 121

and didn't Roy Martin ask you three times before you answered what the shooting
was about and didn't you say you didn't know, that you saw there was going to be trouble and ran?
A: If I said that I have no recollection of it whatever.
Q: You don't deny that you did say it?
A: I say I was scared when I got back over there; I might have said it.
Q: You don't deny having said it?
A: I can't say whether I said it or not, but if I did I have no recollection of it whatever.
Q: Didn't you state in the presence of Mrs. Trammell on that occasion that after Roy Martin had asked you three
times what the shooting was about, didn't you say that you didn't know that you thought there was going to be trouble
and turned your back, didn't you say that Mr. Dowis said they hit him with a wrench but you knew nothing about it
yourself?
A: No, sir I didn't say that, if I did I have no recollection of it.
Q: It was perfectly fresh on your mind at that time?
A: Yes, sir I was scared when I got over there.
Q: You was scared when you went from ---
A: Yes but I was a heap more scared when I got back over to Trammell's store.
Q: But it was fresh on your mind?
A: If a fellow had stopped me I couldn't hardly told him anything about it.
Q: Were you too scared to tell the truth?
A: No, sir.
Q: When you got back here to Lawrenceville, did you tell that you didn't see
either one of these Simpsons hit Mr. Dowis a lick?
A: I don't remember anybody I said that to, no, sir.
Q: In the presence of M. A. Fowler, John Oakes and Will Houston,

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did you say when you got back that you didn't see either of these Simpsons hit Mr. Dowis?
A: No, sir I don't remember saying it.
Q: What time did you get back?
A: About sundown, a wheel ran off with me down here and it was a little after sundown when I got back here.
Frank Mattison, sworn, testified as follows:
Direct examination by Mr. Nix:
Q: What is your name?
A: Frank Mattison.
Q: How old are you, Frank?
A: About 23 the second day of November.
Q: Where do you live near Duluth.
Q: On the 20th day of February last, Frank, did you go down to where
this difficulty occurred near Mr. Knox's house?
A: Yes, sir.
Q: How did you go down there?
A: I went down there in a car with Floyd Brannon and Buck Foster.
Q: You with Floyd Brannon and Buck Foster?
A: Yes, sir.
Q: When you got down there just tell the jury what occurred after you got down there?
A: We drove up in a car and Floyd Brannon gave a paper to Mr. Dowis and I drove on
a piece the other side of the car and turned up a little road and backed back
and came back in twenty five or thirty yards of where the other car was and stopped my car and got out.
Q: You say you drove down and turned around?
A: Well, just beyond the other car?
Q: What other car?
A: The car where Vick Dowis was at.

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Q: Known as the Simpson's car?
A: Yes, sir.
Q: When you got down to the Simpson car you stopped?
A: Yes, sir.
Q: And Frank handed Dowis a paper?
A: Yes, sir.
Q: Did Floyd get out?
A: No, sir he didn't get out.
Q: Then you drove on passed the car?
A: Yes, about six or eight feet and turned up a little road and backed.
Q: And then drove on by passed the Simpson car and drove back in what direction?
A: Towards Duluth.
Q: Was there a car standing up there ahead of you?
A: Yes, sir.
Q: What kind of car?
A: Ford Coupe.
Q: How far was it standing from the Simpson car?
A: Between thirty five and forty yards, something like that.
Q: Was there anybody in it?
A: Mr. Boy Corley and Mr. McGee.
Q: Where did you drive to, the car you were in?
A: Right behind their car.
Q: Was Floyd Brannon in the car with you when you drove up there?
A: Yes, sir.
Q: What did you do?
A: I got out of the car and walked around to the Coupe.
Q: What became of Floyd?
A: I don't know whether he stayed in the car or got out.
Q: Did you leave the Coupe or not?
A: No, sir I stayed at the Coupe.

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Q: Which side of the Coupe did you go to?
A: On the left side.
Q: Did you hear anything said by the Simpson boys while you was down there at the car?
A: Orin came up cursing.
Q: Tell just what was said?
A: He just came up and says what in the God damned hell you son-of-a-bitch doing down here.
Q: Who was he talking to?
A: Mr. Dowis.
Q: Use just the exact words what he said?
A: That was just as near as I can tell it.
Q: Repeat it?
A: What in the God damned hell you son-of-a-bitch doing down here.
Q: He just said that to Mr. Dowis?
A: Yes, sir.
Q: What did Dowis say?
A: I don't recollect whether he made any remark or not, I don't think he did.
Q: That is when you drove on and turned around?
A: Yes, sir.
Q: Did you hear anything more that was said right then?
A: No, sir.
Q: Go ahead and tell all you know, what occurred there-you drove on up to the Coupe?
A: Yes, sir. When I got up to the coupe they got to talking. I was just listening at the others talk.
Q: Who?
A: Bill McGee and Boy Corley.
Q: Were they sitting there in the car?
A: Yes, sir.
Q: And were talking?

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A: Yes, sir.
Q: You standing there listening to them talking?
A: Yes, sir.
Q: Did you notice Floyd Brannon come up on the other side of the car and say
anything about going to town with him?
A: He walked up but I don't recollect him saying anything about going to town.
Q: He walked up on the other side?
A: Yes, sir.
Q: Where were you at when the shooting occurred?
A: When the shooting started, when I heard the gun fire the first time I was
standing at the door with my foot up on the running board.
Q: Door of what?
A: Coupe.
Q: Where was Bill McGee and Boy Corley?
A: Sitting in the coupe.
Q: And Floyd Brannon over on the other side?
A: Yes, sir.
Q: That was when the first shot was fired?
A: Yes, sir.
Q: How many shots were fired?
A: There were four or five.
Q: How were they fired rapidly or not?
A: Yes, sir just like that, -- rapidly.
Q: Did you look around then?
A: Yes after I heard the shooting I looked around.
Q: Who was down there close to them when the shooting occurred?
A: Claude Brooks, who drives a coca cola truck.
Q: What did you see when you looked around?
A: When I looked around I saw Orin Simpson fall.
Q: Where was Joe?
A: He was standing by the side of Mr. Dowis, kindly in front of him.

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Q: Was the shooting over then?
A: No, sir he was still shooting.
Q: You looked around before the shooting was over?
A: Yes, sir.
Q: Now where was Joe when the shooting was over?
A: He was standing in about two or three feet of Dowis, looked like about the length of your arm.
Q: What did he do if anything after the shooting was over?
A: He turned and staggered off.
Q: Was any shot fired after he turned?
A: No, sir.
Q: When you looked around were there any licks being passed?
A: When they first started-I mean they were standing at the back side of the
Simpson car about the doors and they were fighting at Mr. Dowis.
Q: Who was?
A: Orin and Joe.
Q: Tell us how-were they striking at him?
A: Yes they were striking at him.
Q: Were they hitting him or not?
A: Looked to me like they were hitting him.
Q: How close together?
A: They were all right huddled up together.
Q: What were they hitting him with?
A: I could not tell, one of them looked like he had a coca cola bottle in his hand.
Q: Which one was that?
A: I could not say, because they were all huddled up so close together.
Q: What Mr. Dowis doing?
A: He was backing back.
Q: You say that was about the back end of the car?
A: Yes, sir when they first started about even with the door.

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Q: Where did Mr. Dowis back to?
A: About eight or ten feet in front of the car.
Q: When he was backing what were the Simpson boys doing?
A: Following him on fighting at him.
Q: Striking at him?
A: Yes, sir.
Q: Could you tell what Joe had in his hand from where you were?
A: No, sir.
Q: Did they keep up the fight?
A: Yes they were still fighting.
Q: Now you say that one of them you thought had a bottle in his hand.
A: Yes, sir.
Q: Could you tell whether that was Joe or Orin?
A: I could not tell.
Q: You say it was one of them?
A: Yes, sir.
Q: What effect did it have on Mr. Dowis when they were hitting him?
A: Just the minute I looked around when it first started Mr. Dowis was almost to
his knees, like this, trying to force himself to get back up on his feet.
Q: Where was he at that time?
A: Standing close to the car about the back end, about the rear door.
Q: You said they kept fighting and Mr. Dowis kept on backing, what I want to know
did he back towards the front end of the car?
A: Yes, sir.
Q: How far passed the car did he get?
A: About eight or ten feet.
Q: How far was it from the point where you saw him staggering nearly down and you
say they were hitting him, how far was it from there to where they finally got to, how far did he back?
A: I don't know just how far.

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Q: Was it the length of the car, and you say eight or ten feet more?
A: Yes, sir.
Q: You were about thirty five or forty yards away?
A: Yes something like that.
Q: You could hear the licks from where you were, did they hit him on the head?
A: Looked like hitting him on the head.
Q: You could hear the lick?
A: You could hear it hit.
Q: During any part of it did you see anybody hug one another?
A: It looked like they were hugging Mr. Dowis.
Q: How hugging him, did either one have their arm around him?
A: It looked like one had him right here at one time, and then one of them had him by the throat.
Q: You mean had him by the throat?
A: Yes, sir.
Q: Could you tell which one it was?
A: No, sir.
Q: Why couldn't you tell?
A: They were all up together.
Q: What was Dowis doing when he had him by the throat?
A: Backing back.
Q: Now you say that both of them were striking him?
A: Yes, sir.
Q: I will get you to state whether or not it appeared that both had something in
their hands or not, did it look like they were hitting him with their fist?
A: It looked like one of them had something in his hands.
Q: Which one was that?
A: I couldn't be positive which one.
Q: Was it the one had him by the throat or the other one?
A: I won't say, because I wouldn't say positively.

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Q: Now did you see Joe break loose from Mr. Dowis as the shooting wound up?
A: No, sir I didn't see him break loose.
Q: Did Mr. Dowis shoot at either one of them after Joe turned to run?
A: No, sir.
Q: Now during that time you say Bill McGee and Boy Corley were sitting in that coupe?
A: Yes, sir.
Q: When the shooting occurred?
A: Yes, sir.
Q: When did they get out of the coupe?
A: I don't know.
Q: Before the shooting was over or after?
A: They might have been getting out while it was going on I didn't look around to see.
Q: Do you know they were in there when the shooting started?
A: Yes, sir.
Q: Facing in what direction?
A: Duluth.
Q: Then their backs were towards where the trouble was?
A: Yes, sir.
Q: Did Mr. Dowis have anything in his hands when they were fighting him?
A: No, sir.
Q: What were they saying to him, the Simpson boys?
A: I could not understand what they were saying.
Q: Could you tell whether it was any curse words or not?
A: No, sir I could not tell.
Q: Were you too far off?
A: I just could not understand.
Q: When you were down there when Orin walked up and used that bad language that
you told us just now, did Mr. Dowis use any bad language to him?

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A: No, sir.
Q: Did you hear Mr. Dowis use any bad language at all during the entire time?
A: No, sir.
Q: Now what did you do after it was over?
A: Went to town.
Q: How did you go?
A: I walked part of the way and went on with Floyd Brannon and some one else in a car.
Cross examination by Mr. Charters:
Q: Mr. Mattison, how did you come to come out there in the first instance, you were in Duluth?
A: Yes, sir.
Q: How did you come to come out there?
A: I had been working on my own car and went to fill of the radiator with water
and Mr. Brannon came up and said he was going back down there and Buck Foster
was standing there and Buck says let us go down there with Floyd and Floyd says
yes and I got in the car and went with him and Buck down there.
Q: Floyd Brannon invited you and Foster to go with him?
Q: When you got there you all three were together, you and Foster and Brannon?
A: Yes we were in the car.
Q: And drove up to Simpson's car, we will call it, and what happened then?
A: Floyd handed Mr. Dowis a paper, and I turned the car around.
Q: What became of the paper?
A: Vick had the paper.
Q: Did he give it to Joe Simpson?
A: I don't know whether he did or not.

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Q: You didn't see him give it to Joe Simpson?
A: No, sir.
Q: You didn't see him hand it to Joe?
A: I saw Joe and Orin or some of them looking at it, I won't say which one of them it was.
Q: You heard Joe Simpson and Orin both say the warrant wasn't any good?
A: No, sir I didn't hear that.
Q: Didn't hear anything like that?
A: No, sir.
Q: Where were you then if anything like that was going on?
A: I was turning the car around.
Q: You turned the car to put its nose towards Duluth?
A: Yes, sir.
Q: Was Orin there when you got there?
A: Yes, sir.
Q: He was already there?
A: No, sir he came up just about the time I got there.
Q: Mr. Dowis was undertaking to search the car wasn't he whether or no?
A: Mr. Dowis walked up to the car and about the time he got to the car one of the
boys pulled him back and Joe jumped up in the car and sit down.
Q: And then what did Mr. Dowis do then?
A: Mr. Dowis walked around behind the car on the other side of the car.
Q: Undertook to get in that way or search the car?
A: No, sir.
Q: What did he do?
A: He was standing there talking to Orin.
Q: And what happened then?
A: They stood there and talked, I don't know.

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Q: What were they talking about?
A: I don't know.
Q: Didn't hear then?
A: No, sir I could hear they were talking but could not tell anything they were saying.
Q: What gave rise to any difficulty?
A: I looked off and the next thing I knew they were in a little fight, or Mr. Dowis was backing back.
Q: Did you see Joe get out of the car?
A: Yes, sir.
Q: What did he have?
A: I could not tell that he had anything.
Q: You were looking right at him?
A: I cut my eye around like that.
Q: You saw him when he got out of the car?
A: Yes, sir.
Q: You could not tell that he had anything?
A: No, sir.
Q: Did you turn away then or did you keep on looking?
A: I turned away just for a second.
Q: Turned away again?
A: Yes, sir.
Q: When you turned back what did you see?
A: They were still fighting.
Q: All three together?
A: Yes, sir.
Q: Where were they with reference to the car, on the left or right?
A: On the left hand side of the car.
Q: Were they right huddled up together?
A: Yes, sir.
Q: Sorter hugging?
A: Yes, sir.
Q: All three of them?
A: When I first looked around I saw one of them hit at

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Mr. Dowis with something and Mr. Dowis commenced staggering like that and he
was nearly to his knees, and he got himself balanced.
Q: It was impossible for you to tell from where you were who hit him?
A: That is right.
Q: But one of the other, you don't know which?
A: Yes, sir.
Q: You don't know which hit him?
A: I could not tell.
Q: What did he hit him with?
A: I don't know, he had a coca cola bottle in his hand when they were around
there, he had a coca cola bottle in his pocket and they drank the coca cola and
he put it back in his pocket, Joe put it back in his pocket.
Q: After the coca cola had been drank, you say Joe took the empty bottle and put it in his pocket?
A: Yes, sir.
Q: You are as certain of that as anything else you have testified about?
A: Yes I know that.
Q: And the next time you saw the coca cola bottle it was in somebody's hand?
A: Yes it was in one or the other of their hands but I couldn't tell which one it was.
Q: Isn't it true that was Joe had that bottle and hit him on the head with it?
A: I won't say positively which had the bottle in his pocket.
Q: You did not see Joe?
A: I could not say whether it was Joe or Orin, I could not tell which.
Q: They then sorter moved toward the front of the car, didn't they?
A: Yes, sir.

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Q: Did you see Mr. Dowis when he pulled his pistol?
A: Yes, sir.
Q: You saw him do the first shooting when he pulled his pistol?
A: I turned my head like that and heard him commence shooting and I looked back
around and Orin was falling.
Q: Where did he have the pistol when you looked around?
A: When I looked after he done shot his pistol was to his side like that.
Q: He was done shooting?
A: He was not done then, I turned my eyes like that, and turned back like that, he
was still shooting when I looked around and I looked back around and Joe was staggering off from him.
Q: You didn't see the first shooting?
A: No, sir when I seen him pull the pistol.
Q: You don't know who the first shot hit?
A: No, sir Orin fell first.
Q: You don't know who received the first bullet?
A: No, sir.
Q: You didn't see the first shot?
A: No.
Q: Did you say they were all grappling with each other at the time the shooting went on, all of the shooting?
A: Yes, sir.
Q: All hold of each other?
A: Yes.
Q: What did you mean a while ago by saying that the last shooting that Joe was
about an arms length away from Mr. Dowis?
A: When I seen he was going to shoot why I turned my head and looked back around and then I seen Orin fall, and
I just turned my head back like that and looked back like that and Joe coming back from him with his hand like that.

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Q: You said a while ago they were all grappling together while all the shooting went on?
A: Yes, sir.
Q: Had hold of each other, didn't you say?
A: One of them had him by the throat.
Q: Had hold of each other at the time the shooting went on?
A: Yes.
Q: What did you mean by saying Joe was as far away as the length of your arm?
A: When I looked around after the shooting.
Q: But you saw they were all together at the time of the shooting?
A: Yes, sir.
Q: Do you know where the first shooting occurred, from what position this man Mr.
Dowis held his pistol in at the time of the first shooting?
A: When he pulled his pistol from his pocket he had his hand like that and when he
shot I looked around and he had the pistol to his side.
Q: Did he ever get the pistol anywhere else except his hip?
A: I didn't notice.
Q: All the time you saw it it was at his hip?
A: Yes, sir.
Q: Now you made an affidavit in this case?
A: Yes, sir.
Q: The case was continued on account of your absence at the spring term of the court?
A: I was sick and could not be here. I don't know whether that was the cause of it or not.
Q: Where did you make that affidavit?
A: I made it down here in Mr. Oakes' office or one of the lawyers.
Q: Who was present?
A: Mr. Kelley and Mr. Henry Knox in the room with us when I made

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my affidavit.
Q: How long was that after the shooting, after the killing?
A: Along the last of the week.
Q: How many days after the shooting?
A: I am not certain but I think it was about Friday afternoon.
Q: What day was the shooting?
A: Monday.
Q: Didn't you testify or swear in that affidavit that Joe hit Mr. Dowis with coca
cola bottle on the back of the head?
A: I couldn't say which one of them it was.
Q: I am talking about what you said then?
A: I am talking about now.
Q: I say didn't you swear then that Joe hit Mr. Dowis with a coca cola bottle on
the back of the head?
A: I could not swear which one.
Q: Didn't you swear that when you made this affidavit?
A: I don't recollect about that.
Q: Didn't you say further that when Joe hit Mr. Dowis the first lick with the
bottle on the back of the head, I heard the lick where I was standing?
A: Yes I heard the lick. I won't say positively it was Joe, but it was one of the boys.
Q: Why did you say it was Joe then?
A: For the simple reason he had the coca cola bottle in his pocket and carried it
in his pocket from the time I saw him.
Q: Didn't you swear you saw him hit him on the back of the head?
A: No, sir.
Q: Why did you say on Friday after this shooting that you saw Joe hit him on the
back of the head, and now you say it was impossible for you to tell which one hit him?
A: For the reason he had the coca cola bottle in his pocket.
Q: Didn't you know then as well as now?
A: Yes.

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Q: Did you know any more then than you do now?
A: (Witness did not answer.)
Q: Was there a mule there?
A: Yes, sir.
Q: What became of the mule?
A: The mule ran off.
Q: Did you run after it?
A: Yes I caught hold of the lines and tried to stop the mule.
Q: You went off with the mule while it was running a way?
A: No, sir I went about ten steps, and when I saw I couldn't hold the mule I
turned him loose.
Q: Did you go by anybody's house?
A: Yes, sir Mr. Knox's house.
Q: How far was the house from the Simpson car where the killing occurred?
A: I don't know.
Q: About how far?
A: I suppose it was something like as far as from here over to that drug store on
the corner.
Q: You saw Mrs. Cora Knox there?
A: Yes, sir.
Q: Did you see her mother?
A: Yes, sir.
Q: Did her mother ask you what was the matter down there?
A: Yes, sir.
Q: Did you tell her that you didn't know anything about it?
A: Yes, I told her I didn't know anything about it; that I wasn't going to tell
anything I knew more than I ought to; I knew then I would have to go to court.
Q: Didn't you say you didn't know anything?
A: Yes, sir, I didn't know anything to tell her.
Q: You told her you left there before the shooting, didn't you?

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A: No, sir.
Q: Do you know J. C. Long?
A: Yes, sir.
Q: Where does he live?
A: Just a short ways between my home and town; I live out towards the river, and
he lives between the river and Duluth.
Q: You both live on the same plantation - farm?
A: Yes, sir.
Q: Did you have any conversation with him that afternoon of the shooting?
A: He was at my home when I got there I think helping my father build a garden.
Q: Did he ask you that afternoon if you saw the shooting?
A: I don't recollect whether he did or not.
Q: Isn't it true he did ask you that afternoon over there, ask you if you saw the
shooting and didn't you say when you saw they were going to have trouble that
you left and you were at least 75 yards away when the first gun fired and you didn't see the killing?
A: No, sir I didn't tell him how far away from the killing?
Q: You told him you didn't see it?
A: I didn't see anything to tell him.
Q: You told him you didn't see it?
A: Yes, sir, -- I knew I had to go to court about it and I didn't care about telling everybody what I saw and knew.
Q: He was your friend?
A: Yes, sir.
Q: Companion about your age?
A: Yes, something about my age.
Q: You were so careful to guard what you knew about this that you would not even
tell your friend?
A: Anything like that happen you wouldn't want to get out and tell everything.

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Q: You did come over here and tell Mr. Oakes on Friday?
A: Yes, sir.
Q: You were not willing to tell Mrs. Knox?
A: No, sir.
Q: And your friend Mr. Long?
A: No, sir.
Q: What was the trouble about telling it?
A: Because I knew I would have to come to court on it.
Q: Why did you tell them you didn't see it?
A: I knew if I told them I did see it they would want me to explain up a whole lot, that is the reason.
Q: Why did you tell them something that was not so?
A: Just for the simple reason I didn't care anything about them knowing.
Q: But you did tell them?
A: I know.
Q: You admit that you told them what wasn't true?
A: I told them I didn't know anything about it. I didn't tell them I didn't see it.
Q: You told them you didn't know anything about it?
A: Yes, sir.
Q: Who brought you over here?
A: I brought myself.
Q: Who asked you to come over here?
A: Mr. Dowis come to me.
Q: What Dowis?
A: Solomon Dowis.
Q: You never talked to anybody until you talked to him?
A: I never did talk to Mr. Dowis about it.
Q: He asked you to come over and see the lawyers?
A: Yes, sir.
Q: When you got over here and you saw these lawyers you just could not resist
telling it then?

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A: They asked me.
Q: So did Long, he ask you, didn't he?
A: Yes, but he was not any lawyer.
Q: You could not resist the lawyers, you told them?
A: Sure I told them.
Q: Was that the first conference you had with the lawyers?
A: I saw Mr. Kelley; I came over to see Mr. Dowis he sent word he wanted to see
me, and I went down to the jail and he was down there.
Q: When was that?
A: One night that week.
Q: Before you made this affidavit?
A: Yes, sir.
Q: How long after the killing was that?
A: I don't recollect.
Q: Who brought you the message?
A: I think it was Henry Knox told me.
Q: Do you remember how long it was after the killing before you came over to see Mr. Dowis?
A: No, sir.
Q: It was one night?
A: Yes we left town about an hour by sun.
Q: How long was that before you made this affidavit?
A: It was between the killing and before I made the affidavit.
Q: About how long after that before you made the affidavit?
A: I won't say because I don't remember what night it was.
Q: You came over and saw Dowis, you told him all about it, or did he tell you all about it?
A: No, sir.
Q: You didn't tell Mr. Dowis what you knew?
A: I told him some points, -- I didn't come out and state the case.
Q: He was the first one you did tell?

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A: Yes, sir.
Q: You went home and saw your people and all these other people and Mr. Dowis was
the first man that you told what you had seen about it?
A: Yes, sir; I didn't even tell my father and mother about it.
Q: Afraid of them?
A: I didn't care anything about talking about it.
Q: When you got over here and saw Mr. Dowis in jail?
A: I didn't see him in jail that night.
Q: Where was he?
A: Out on the front porch.
Q: You were willing to trust Dowis with something that you were not willing to trust your own mother with?
A: Sure on a case like this.
Re direct examination:
Q: Your mother was not representing Mr. Dowis?
A: No, sir.
Q: Nor Mrs. Knox?
A: No, sir.
Q: Or Long?
A: No, sir.
Q: Your mother didn't ask you anything about it?
A: No, sir; all my mother said to me, says son, I wish you had never went down there.
Q: What you told them was that you didn't know anything about it?
A: That is right.
Q: Did you ever tell either one of these folks you didn't see it?
A: No, sir.
Q: You were trying to keep from coming to court?
A: I didn't care anything about coming.
Q: You didn't think it was proper to be going out talking promiscuously about the matter?
A: No, sir.
Q: Did the other side come to see you?

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A: No, sir. They sent word they wanted to see me, Floyd Brannon came up to the
schoolhouse and said Dr. Simpson was down town and wanted to see me.
Q: Do you know on the other side whether lawyers got affidavits from witnesses?
A: No, sir.
Q When you came over here the lawyers who were representing Mr. Dowis had found out you were there?
A: Yes, sir.
Q: Mr. Dowis knew you were there?
A: Yes, sir.
Q: And they wanted to find out what you knew about it?
A: Yes, sir.
Q: Who drew the affidavit?
A: Mr. Kelley.
Q: What did you tell MR. Kelley, -- what I want to know is, did you tell him the best you could just what you saw?
A: Yes, the best I could.
Q: Do you remember who you made the affidavit before?
A: Mr. Kelley is the only lawyer I talked with.
Q: Do you remember Mr. Ethridge, Notary Public, -- did you know the young man?
A: There was some fellow came up.
Q: Witnessed it?
A: Yes witnessed it, -- I don't know who it was.
Q: Did you see what you have told to day or not?
A: Yes I saw everything that I said to day.
Q: You were there?
A: Yes, sir.
Re cross examination by Mr. Charters:
Q: Did you see what you told in your affidavit?
A: I saw a part of it.

Page 143

Emmett Chasteen, sworn, testified as follows:
Direct examination by Mr. Nix:
Q: What is your name?
A: Emmett Chasteen.
Q: How old are you, Emmett?
A: 13.
Q: Where do you live?
A: At Duluth.
Q: Are you any kin to Mr. Dowis or to Mr. Simpson?
A: No, sir.
Q: Emmett, were you down close to Mr. Knox's in the big road on the 20th
of February in the afternoon when there was some shooting down there?
A: Yes, sir.
Q: How come you down there, Emmett?
A: I started down there with Floyd Brannon and got down there to Mr. Dodd's and
they told us to get out and we got out.
Q: Started down there with who?
A: Floyd Brannon.
Q: Who was with you?
A: Walter Abbott was with me.
Q: And got down to where?
A: Down to Mr. Dodd's.
Q: How come them to tell you all to get out?
A: Said they might have some trouble down the road.
Q: And you got out?
A: Yes, sir.
Q: How did you get down there?
A: There was Rudy Spence and L. D. McGee came along in a buggy and we went down with them.
Q: Then you went in the buggy with Rudy Spence?
A: Yes, sir.

Page 144

Q: Did you go down to this place where Simpson was?
A: Didn't go to the car. I went to the coupe, I went a little the other side of the coupe.
Q: Coupe facing towards Duluth?
A: Yes, sir.
Q: Who was that in it?
A: Mr. McGee and Boy Corley.
Q: Sitting in that coupe?
A: Yes, sir.
Q: Did you pass on by the coupe?
A: Yes, sir.
Q: How close to Simpson or Dowis did you get?
A: I don't know exactly.
Q: About how far?
A: I don't know.
Q: Point out some object in the court room, as close as from here to that window over there?
A: No, sir not that close.
Q: Back side of the court house?
A: Something like that, a little farther.
Q: About how far is that, do you have any idea how far that is?
A: No, sir I don't.
Q: You think it is forty or fifty feet?
A: I don't know how far that is.
Q: I will ask you how far passed the coupe did you go, half way between the coupe and where they were, or one
third of the way?
A: About as far as to where those men are standing up.
Q: About that far passed the coupe?
A: Yes, sir.
Q: Did you hear the Simpson boys say anything to Mr. Dowis, use any bad words or good words?
A: I heard Orin talking to him.

Page 145

Q: What did they say?
A: I don't know. I heard them talking.
Q: What kind of talk was it?
A: I couldn't understand, I was not close enough.
Q: Did you see Joe Simpson do anything?
A: Yes, sir.
Q: What did he do?
A: He threw a bottle at Vick.
Q: At Mr. Dowis?
A: Yes, sir.
Q: Were they out then?
A: On the right hand side of the car.
Q: Whereabouts, in the middle of the car or back of it?
A: Vick he was standing about along even with the engine.
Q: Where was Joe Simpson?
A: He was standing out kindly towards the little broomsege patch, not in it but back farther.
Q: How close was he to him?
A: Looked like he was about six feet.
Q: As close as from here to you?
A: No it was not that close.
Q: About how close?
A: I don't know.
Q: When he threw the bottle at him did he hit him?
A: No, sir.
Q: How come he didn't hit him?
A: He missed him.
Q: Was it a bad throw or did Dowis dodge?
A: It was a bad throw.
Q: After he threw the bottle what did he do?
A: They both jumped at him-run at him.
Q: What did they do to him?
A: They caught him.

Page 146

Q: What was Vick doing?
A: I don't know what he was doing.
Q: Did he go towards them or back?
A: He didn't say anything just stood there.
Q: They jumped at him?
A: Yes, sir.
Q: What did they do to him?
A: I don't know I left and went on towards the coupe.
Q: The last you saw of them they were going on Vick?
A: Yes, I got in front of the coupe.
Q: Did you see the shooting?
A: No, sir.
Q: Show us Emmett, you say they jumped at him, and hit at him, in what way did they hit at him?
A: When Joe threw the bottle Orin jumped at him and Joe jumped at him.
Q: Did they get to him?
A: Yes, sir.
Q: What did they do to him?
A: I don't know what they did, when they did that I left.
Q: Did you run?
A: Yes, sir.
Q: What did you run for?
A: I was scared.
Q: The last you saw then they jumped at Vick?
A: They jumped at Vick and caught him.
Q: Did they have hold of him?
A: Yes, sir.
Q: Where?
A: I could not tell.
Q: Which one had hold of him?
A: Looked like both of them.
Q: What were they doing?
A: I don't know what they were doing.

Page 147

Q: When they jumped at him and caught him then you ran?
A: Yes, sir.
Q: What was Vick doing to them?
A: Not anything right then.
Q: Did he say anything to them?
A: I didn't hear him say anything.
Q: Did you see him do anything to them?
A: No, sir.
Q: Any time you were there did Vick do anything to them?
A: I didn't see Vick do anything to them.
Q: You didn't see the shooting?
A: No, sir.
Q: Did you hear it?
A: Yes, sir.
Q: Was it quick or not?
A: Yes it was right quick.
Q: Slap your hands together like it sounded?
A: I can't that fast.
Q: Can you pop your fingers?
A: No, sir not much.
Q: How many shots?
A: I don't know exactly it sounded like about four or five.
Q: Can you give us any idea about how quick they were?
A: Just like pop-corn popping.
Q: As fast as pop-corn popping?
A: Yes, sir.
Q: Something like that?
A: Yes, sir.
Q: Did you ever pop your fingers at school?
A: No, sir I held up my hand.
Q: After the shooting was over did you look down there?
A: Yes, I was in front and after the shooting was over I put my head around.

Page 148

Q: What did you see?
A: I saw Orin laying out in the road about half of his body laying out by the left
wheel and the other part in front of the car.
Q: Where was Joe?
A: He ran out there in the little broomsege patch and jerked his breeches leg.
Q: Was there any shooting after he started to run?
A: No, sir not as I know of.
Q: Was that before Joe ran?
A: Yes, sir.
Cross examination by Mr. Charters:
Q: Now Emmett you say you didn't see the shooting?
A: No, sir.
Q: And when you turned around you say you got up in front of the coupe?
A: Yes, sir.
Q: And that obstructed your view, you could not see?
A: No, sir.
Q: Were you facing, which way, do you remember?
A: I don't remember.
Q: When you did look down after the shooting was over then you saw Orin laying
down in the road and Joe run out to the little broomsege patch?
A: He ran out there.
Q: Did you see him running out there?
A: Yes, sir.
Q: Where were you when you first saw him?
A: He stopped out in that little broomsege.
Q: He was off of the road into the patch when you first saw him?
A: Yes, sir.
Q: You didn't see him at the time the shooting was on?
A: No, sir.

Page 149

Q: You didn't see him until after the shooting was over?
A: No, sir.
Q: And he was then out in this broomsege patch?
A: Yes, ran out there.
Q: You don't know what he was doing at the time of the shooting?
A: No, sir.
Q: You don't know whether he was then running or not?
A: No, sir.
Q: Now, Emmett, you say that you saw Joe Simpson throw a bottle?
A: Yes, sir.
Q: Do you know what sort of a bottle it was?
A: No, sir.
Q: That was all the weapon you saw, the bottle?
A: That is all I saw.
Q: When Joe threw that bottle at Dowis he missed him?
A: Yes, sir.
Q: Where did the bottle go?
A: It went over the engine.
Q: On the other side of the road?
A: I don't know whether it went on the other side of the road. The car was on the
right hand side of the road.
Q: Where was Joe standing when he threw the bottle?
A: He was standing about middle ways of the car.
Q: And missed him and went over the engine?
A: Yes, sir.
Q: And you didn't see the bottle any more?
A: No, sir.
Q: And never saw any other weapon?
A: No, sir.
Q: Mr. Dowis was trying to search that car?
A: Yes, sir.
Q: You saw him trying to search it?
A: Yes, sir.

Page 150

Q: They tried to keep him from it?
A: Yes, sir.
Q: And you saw Mr. Dowis trying to lift up the seat?
A: Yes, sir.
Q: He tried?
A: Yes, sir.
Q: They tried to prevent him from searching that car?
A: Joe was sitting on the seat.
Q: Both of them trying to prevent him from searching the car?
A: Yes, sir.
Q: Did you see the warrant when it was handed to them?
A: Yes, sir.
Q: Did you hear them say it wasn't any good?
A: No, sir.
Q: The whole thing was Mr. Dowis determined to search the car and they determined he could not?
A: I don't know whether he was going to or not, he was trying to.
Q: And they were trying to keep him from it?
A: Yes, sir.
Q: And all the weapon you saw was the bottle that missed him?
A: Yes, sir.
Q: You never did see the pistol?
A: No, sir.
Q: You heard it?
A: Yes, sir.
Q: That is the only reason you know it was there because you heard it fire?
A: Yes, sir.
Q: Did you see the other car there, you spoke about the coupe?
A: Yes, sir.
Q: What sort of a car was the other car; there were three cars, Simpson's car, and
the car that Brannon had come in, and this coupe that you speak of?
A: Yes, sir.

Page 151

Q: You saw the car that Brannon came in?
A: It was standing over on the side of the road.
Q: The top was down to that car?
A: Yes, sir.
Re direct examination by Mr. Nix:
Q: At the time you say both of them-after one of them threw the bottle at him,
then you said both of them jumped at him and grabbed him?
A: Yes, sir.
Q: At that time what was Dowis doing?
A: I don't know, when they did that I left.
Q: Before that-I asked you just now if Mr. Dowis went toward them or backed, you
said he was standing still when they jumped at him?
A: Yes, he was standing there in his tracks.
Q: What was he doing, anything?
A: I didn't see what he was doing.
Q: Just standing there in his tracks-what was he doing when they threw the bottle at him?
A: Just standing there talking.
Q: Did he move before they jumped at him-after they threw the bottle?
A: He tucked his head down.
Ollie Lawson, sworn, testified as follows:
Direct examination by Mr. Nix:
Q: What is your name?
A: Ollie Lawson.
Q: Mr. Lawson, where do you live?
A: In Walton County.

Page 152

Q: What position do you hold?
A: Deputy sheriff of Walton County.
Q: Did you know the Simpson boys?
A: I just know them.
Q: On the morning that this difficulty occurred over there the day they were
killed did you see them in Walton County?
A: No, sir.
Q: Were you in Duluth that afternoon?
A: Yes, sir.
Q: You didn't see the difficulty as I understand?
A: No, sir.
Q: Did you know Mr. Vick Dowis?
A: Yes, sir.
Q: Did you see him after that difficulty that afternoon?
A: I did.
Q: Where at?
A: Down there at the killing, also saw him in Duluth beforehand.
Q: Did you go down to the place of the killing after it occurred?
A: Yes, sir.
Q: Who went with you down there?
A: There was myself, Mr. Reese and, my recollection, Judge Quinn.
Q: Did you see any signs, or did you make any examination or see any signs of any bruises on Mr. Dowis' head?
A: Yes I saw a knot.
Q: Whereabouts?
A: The best of my recollection there on the back of his head.
Q: How come you to see it?
A: I went down there and walked up and laid my hand on Vick's right shoulder and asked him about the difficulty
and asked him if he was hurt and he went on to explain to me where he was hit.
Q: He told you about being hit on the head -
Mr. Charters. I object.
Q: Did you feel of it?

Page 153

A: I put my hand on his head there when he complained of being hit -
Mr. Charters. I object to complaint.
Q: Tell what you saw?
A: I saw a knot on the back of his head.
Q: What size was that knot?
A: Something like compare with a silver dollar, that size.
Q: How high was it?
A: It was just a puff there.
Cross examination by Mr. Charters:
Q: About what time was it you went down there?
A: Just a little bit after the killing.
Q: Give us some idea of the time?
A: I didn't pay much attention, it was in the afternoon about 4 o'clock.
Q: Who was there when you got there?
A: Several.
Q: Who was there?
A: Myself and Vick.
Q: Who else?
A: Mr. Reese and Judge Quinn.
Q: Who else?
A: Bill Maxwell.
Q: Who else?
A: I don't know as I could personally mention any others.
Q: Where was Orin Simpson?
A: There was one of the Simpson boys there in the road dead.
Q: Where was the other one?
A: I suppose he was at Dr. Christian's.
Q: You had already seen this one before you left Duluth?
A: No, sir I saw the car in which he came in.
Q: The car that brought him?

Page 154

A: Yes, sir.
Q: How long was that before you went out?
A: Probably might have been five or ten minutes.
E. S. Garner, sworn, testified as follows:
Direct examination by Mr. Nix:
Q: What position do you hold?
A: I am sheriff of the county.
Q: As such officer did you arrest Vick Dowis, or did he surrender to you?
A: I met him beyond Mr. Jackson's coming to town. They telephoned me that there
was a man killed and didn't give me the details and I was getting ready to go
and about the time I got ready to go they called me again and said it was Vick
Dowis that had killed a man and to meet him on the road.
Q: He had started here to give up?
Mr. Charters. We object to that, that is entirely self-serving.
The Court. I sustain the objection.
A: He had started here to jail. I met him and his father and he got out of the car
and while my boy was turning around we said a word or two and the old gentleman
turned and we separated and come on back.
Q: Did you make any examination of his head?
A: He said to me -
Mr. Charters. We object to any conversation.
The Court. Don't state anything he said.
A: Yes, there was a knot on his head up here, I wouldn't say positively whether it
was on this side or this side over here.
Q: How big was it?
A: Something like half the size of a guinea egg, swollen up.
Q: Was that that same afternoon?
A: Yes, sir.

Page 155

Q: Now sheriff, what position did he hold in the county, Mr. Dowis?
A: I was to put Mr. Dowis in as deputy sheriff the first of the year and didn't
put him in until about the 15 or 16th.
Q: Was he one of your deputy sheriff's?
A: Yes, sir.
Q: What is that paper I hand you there?
A: This is the bond he gave.
Q: Is that his bond as deputy sheriff he made to you?
A: Yes, sir.
Q: What is the date of it?
A: It is dated February the 16th.
Q: Do you know whether it was delayed?
A: Yes, when I received it.
Q: You know how long the bond had been gone off before you got it back, several days or not?
A: Four or five days I would say.
Q: Had he been acting as deputy sheriff for you?
A: No sir, I would not let one act until he made bond.
Q: After he made bond he acted as deputy sheriff?
A: Yes, sir.
Q: And was acting as deputy sheriff for you at the time the killing occurred?
A: Yes, sir.
Q: Do you know who drew the bond?
A: The county attorney, I think Mr. Kelley.
Q: After you got the bond back, I will ask you if there wasn't various matters he
attended to for you?
A: Yes, sir,-- started on in the usual way, just like five or six others.
Q: In other words, what occurred on the 20th when this killing occurred
that was not his first act, he had been acting ever since

Page 156

the bond had been received?
A: Yes, sir.
Cross examination by Mr. Charters.
Q: Is this the only evidence you have of Vick Dowis being deputy sheriff?
A: Yes, sir.
Q: Did he take the oath?
A: He came here to the clerk's office and we fixed out that paper when he was over
here and then carried the paper back and Mr. Quinn approved the signatures.
Q: Is this all that was done?
A: Yes, sir.
Q: He didn't take the oath then?
A: I don't know whether you call it-
Q: This is not an oath?
A: I put him to work under that.
Q: I am asking you what the facts are-was that all that was done?
A: Yes, sir.
Q: Did he take any oath to act as deputy sheriff then of your knowledge?
A: I don't know what he did.
Q: You never saw him take any oath,-- all that you know is this bond and that was
his full authority as far as you were concerned?
A: That is the way they all work.
Re direct examination by Mr. Nix:
Q: You appointed him as your deputy?
A: Yes, sir.
Q: And had him to make this bond?
A: Yes, sir.

Page 157

Q: Whether he took any oath you don't know whether he did or not?
A: No, sir.
Q: You accepted the bond?
A: Yes, and responsible for what he does.
Mr. Nix: We want to tender the bond in evidence.
Mr. Charters. We have no objection.

Mrs. Cora Knox, sworn, testified as follows:
Direct examination by Mr. Charters:
Q: What is your name, Mrs. Cora Knox?
A: Yes, sir.
Q: You live in the county and close by the scene of the tragedy when the Simpsons
was killed?
A: Yes, sir.
Q: About how far do you live from where the shooting occurred?
A: I reckon about 250 yards.
Q: Did you hear the shooting?
A: Yes, sir.
Q: Did you see Frank Mattison that day?
A: Yes, sir.
Q: With reference to the shooting when did you see him?
A: Afterwards.
Q: Where was he then?
A: Passing my home.
Q: Who was he with?
A: By himself.
Q: Did you have any conversation with him?
A: Just asked him what was the matter.
Q: What did he say?
A: Said he didn't know nothing.
Q: Did he say anything about when he left there with reference to the shooting?
A: No, sir.
Q: Did he have hold of a mule?
A: Not when he passed home; he did before he got to the house a good piece.

Page 168

Q: Then he turned loose the mule before he got to your house?
A: Yes sir it jerked him down on his knees.
Q: The mule was running away?
A: Supposed to be.
Q: Trying to get away?
A: Yes, sir.
No cross examination.
Roy Martin, sworn, testified as follows:
Direct examination:
Q: Your name is Roy Martin?
A: Yes, sir.
Q: Do you remember the occasion when Joe Simpson and Orin Simpson is said to have been killed?
A: Yes, sir.
Q: Did you see Claude Brooks that day?
A: Yes, sir.
Q: Where was it you saw him?
A: At Jack Trammell's store.
Q: Was that after the shooting?
A: Yes, sir.
Q: Did you ask him anything about the shooting?
A: Yes, sir.
Q: State what you ask him and what he said?
A: He came running up there and said there had been a shooting over on the road and he thought Orin Simpson was
dead and I asked him what the shooting was about and he didn't answer, and I asked him the third time and he said he
didn't know, when he saw there was going to be trouble he ran.
Cross examination:
Q: Where were you?

Page 169

A: At Jack Trammell's store.
Q: Who runs a store over there?
A: Mr. Jack Trammell.
Q: What were you doing over there?
A: I just had walked up there.
Q: Where is that at, is that over there on the hill, on this side of the creek from Duluth?
A: Yes, sir.
Q: Who was there with you?
A: Ode McKerley and Eddie Wright.
Q: What were you doing?
A: Stopped a minute to drink a dope.
Q: Who were you to meet there that day?
A: Not any one.
Q: Did Orin Simpson come up there?
A: No, sir.
Q: You didn't see Orin?
A: No, sir not there.
Q: Where did you see him at?
A: Over there in the road dead.
Q: You didn't see him before this happened over there at Trammell's?
A: No, sir did not.
Q: How did you all come there to Trammell's?
A: Walking.
Q: Who was there in a car?
A: Brooks truck was standing in the road.
Q: Whose car was that standing right up by the side of the door?
A: Not any car there.
Q: What house is that with the iron bar across it?
A: I don't know anything about the bar.
Q: That is on the other side of the road?
A: There is a house there.

Page 170

Q: You didn't come up in a car?
A: No, sir.
Q: You didn't see a car leave there before Mr. Brooks got there?
A: No, sir.
Q: Where had you started?
A: I had started to Duluth.
Q: Had they started to Duluth, too?
A: I suppose they had.
Q: You all started to meet Orin and Joe?
A: No, sir.
Q: You had started to Duluth?
A: Yes, sir.
Q: And you got as far as Jack Trammell's store and stopped?
A: Yes, -- Homer Parson was standing in the road and told us they had Joe held up and was going to search him.
Q: Homer told you that?
A: Yes, sir. He was at the store.
Q: Did Homer have a car there?
A: No, sir.
Q: How come you to ask him the third time?
A: He wouldn't answer.
Q: You asked him once?
A: Yes, sir.
Q: What did you say?
A: I asked him what was the shooting about.
Q: He didn't answer?
A: No, sir.
Q: You said what was the shooting about?
A: Yes, sir.
Q: You asked three times?
A: Yes, sir and he says I don't know, I turned and run.
Q: You didn't see a car leave there?
A: No, sir.

Page 171

Q: Where does Homer Parson live?
A: In front of the store across the road.
Q: What kind of a store is that?
A: I call it a little country store.
Q: What do they sell there except drinks and canned goods?
A: I suppose they handle tobacco, and such as that.
Q: Who lives up in that house in front of it?
A: Homer Parson.
Q: Where does Jack Trammell live?
A: He is the man that runs the store.
Q: I thought it was Mrs. Trammell that run the store?
A: Well, man and wife.
Q: You say that Orin had been up there at that store and he had left?
A: I didn't say he had been there.
Q: How long had you been there before Mr. Brooks came?
A: Came up about together.
Q: You hadn't been there long?
A: No, sir.
Q: If Orin had been there, he had left before you got there?
A: Yes, sir.
Q: Where do you live?
A: In Atlanta.
Q: What was you doing up there?
A: I came home that day - I was sick and came home.
Q: What time did you get home?
A: It was about an hour by sun.
Q: You didn't go to bed?
A: No, sir.
Q: You was sick?
A: I wasn't able to work.
Q: Which way did you go from Atlanta up there?
A: Came through Norcross.
Q: How did you come?

Page 172

A: Came with Wooten, Eddie Wright and Buice.
Q: You all came up there in a car?
A: Not to the store.
Q: You came up from Atlanta in a car?
A: Yes, sir.
Q: You and who?
A: Carl Wooten, Eddie Wright and Mr. Buice.
Q: You and Eddie Wright, Carl Wooten and Mr. Buice?
A: Yes, sir.
Q: Where does Mr. Buice live?
A: I don't know.
Q: Whose car were you in?
A: It belonged to Carl Wooten.
Q: Where does he live?
A: Norcross.
Q: What was Mr. Wooten doing in Atlanta that day?
A: I didn't ask him.
Q: You happened to strike up with him?
A: That is all.
Q: You came up with him?
A: Yes, sir.
Q: How come he didn't stop at Norcross?
A: He did and I asked him to carry me on home.
Q: Did Mr. Wright come on?
A: Yes, sir.
Q: And the other man too?
A: Yes, sir.
Q: You all came through Duluth?
A: No, sir.
Q: Which way did you come from Lawrenceville?
A: We came the Norcross and Lawrenceville road and we got over there and met up
with Mr. Moore stuck up and Mr. Buice and Wooten went back.

Page 173

Q: Went back with the car?
A: Yes, turned back.
Q: What did they get in the car?
A: Nothing.
Q: Were they stuck up in the mud there at Trammell's store?
A: This side I suppose, 200 yards this side.
Q: Isn't it true, Mr. Moore got stuck up right there in sight of Trammell's store?
A: It is in sight you can see 200 yards.
Q: You all came out there to Trammell's store?
A: Yes, sir, after helping Mr. Moore out of the mud.
Q: You all came up there to Trammell's store in that car?
A: No, sir.
Q: Where did they turn the car around at?
A: Mr. Woot and Mr. Buice turned back, and I haven't seen them any more.
Q: Turned back which way?
A: They turned and went that road right this side of where they stuck up.
Q: Turned where?
A: I didn't ask him.
Q: What were they doing?
A: I didn't ask them what their business was.
Q: That was the car that was up there at Trammell's store.
A: No, sir.
Q: If you were going home from Atlanta and came by Norcross and then take the
Lawrenceville road, how come you over at Jack Trammell's?
A: Just riding around.
Q: You came in 200 yards of the store?
A: I wasn't going to Jack Trammell's. I did come to the store.
Q: What were you all doing?
A: Not a thing.
Q: You say you all were riding around?

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A: Yes, sir.
Q: What were you riding around for?
A: Because I wanted to.
Q: Who were you to meet up there?
A: Not any one.
Q: You came home because you were sick?
A: Yes, sir.
Q: You came on by home?
A: No I didn't come by home.
Q: You didn't try to get home at all?
A: I was going home.
Q: Where was your home?
A: I live live miles South of Duluth.
Q: You didn't go home?
A: I hadn't so far.
Q: Why hadn't you gone on home?
A: I didn't want to.
Q: You were going the other direction, weren't you?
A: No, sir.
Q: You live three miles South of Duluth?
A: Yes, sir.
Q: You did go up to Mr. Trammell's, 200 yards of Trammell's store, that is in a mile of Duluth?
A: I suppose it is around two miles.
Q: What time did you leave Atlanta that morning?
A: Didn't leave the morning.
Q: When?
A: About 3 o'clock that afternoon.
Q: Where did you strike up with Carl Wooten at?
A: 834 Peachtree.
Q: What place is that?
A: Garage.
Q: How come you to meet him there?

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A: He passed and I waved him down.
Q: Who was with him?
A: Mr. Buice was with him.
Q: Where does he live?
A: I don't know.
Q: Where does Eddie Wright live?
A: Down here close to Corley's store.
Q: You and Eddie Wright waved him down at the Garage?
A: No I waved him down.
Q: You got in the car with Carl Wooten and there was a man by the name of Buice in
there that you didn't know where he lived?
A: No.
Q: You were going home because you were sick?
A: I was not able to work.
Q: What was Eddie Wright going home for?
A: He didn't live in Atlanta.
Q: What was he doing in Atlanta?
A: That was none of my business, I didn't ask him.
Q: You all were to meet there at that garage and left there at 3 o'clock to meet
the Simpson boys to get a load of liquor?
A: No, sir did not.
Q: What were you riding around for?
A: It is a man's privilege.
Q: You got up there in about 200 yards of Mr. Trammell's store and you found where Mr. Moore was stuck?
A: Yes, sir.
Q: You were going towards Jack Trammell's?
A: Yes, sir.
Q: That is going towards Duluth?
A: Yes, sir.
Q: You got out there and helped Mr. Moore out of the mud?
A: Yes, sir.
Q: Mr. Moore told you about the officer having stopped

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him over there in the road?
A: Mr. Moore didn't mention it, if he did I don't remember it.
Q: Didn't Mr. Moore tell you all that the officers had stopped the Simpson boys over there in the road?
A: If he did I don't remember it.
Q: That is how come your car to turn around?
A: No, sir he didn't tell us that.
Q: You heard it when you got to Mr. Trammell's?
A: Yes, Mr. Brooks got there he told us about it.
Q: What became of Buice and Wooten?
A: They didn't see Mr. Brooks, they had turned back.
Q: And turned around and went back they way they came?
A: I don't know which way they went.
Q: Was you still sick then?
A: I wasn't able to work.
Q: What did you do in Atlanta?
A: Worked at the Universal Garage.
Q: This garage where you waved them down is where you worked at?
A: Yes, sir.
Q: Did Wooten's car stop there at that garage and spend the night?
A: No, sir.
Q: It stops there sometimes, don't it?
A: No, sir.
Q: Then when Mr. Brooks told you all about that trouble over there you and Ode McKerley and Homer Parson started
over there?
A: Yes, and Eddie Wright too.
Q: Which one of you asked Mr. Brooks what he had to do with it?
A: I didn't hear that.
Q: That was Homer Parson?
A: I didn't hear that.
Q: Didn't Homer call to Mr. Brooks and ask him, and all of you

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got around him, if he had anything to do with stopping the Simpsons?
A: No, sir he said Simpson carried him back.
Q: Which Simpson, which one did he say?
A: Orin.
Q: Said he met him down at the creek?
A: Yes, sir.
Q: And made him get out of the truck?
A: He didn't say he made him, -- he said he went back.
Q: You say Orin carried him?
A: He did, didn't say he made him, said he carried him back.
Q: Now when you all left Norcross, you all took out the Lawrenceville road from Norcross?
A: Yes, sir.
Q: You came out by Norcross and came out towards the settlement?
A: No, sir.
Q: Which road did you come?
A: Came the Lawrenceville and Norcross road. We came this upper road that comes straight to Norcross.
Q: When you went out of the town of Norcross, did you cross the railroad track?
A: No, sir.
Q: You turned down to the right at Johnson's store?
A: Yes, sir.
Q: Isn't the school house over at the other corner?
A: Yes, sir.
Q: Isn't that the way you came?
A: Yes, sir.
Q: Then you came out the H__________ settlement?
A: No, sir.
Q: Cruce's store?
A: We did not.

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Q: Where did you leave the Lawrenceville road at?
A: Do you know where Wesley Clowers' place is?
Q: Yes, sir?
A: We took the road there.
Q: You came out the road until you got to Wesley Clowers' place?
A: Yes, sir.
Q: Then you took the left there?
A: Yes, sir.
Q: Where did you go from there?
A: To the State road.
Q: Where did you come into the State road?
A: Where Mr. McKerley lives.
Q: John McKerley?
A: I suppose it is.
Q: Why did you wind around that way?
A: Because we come the best route. The State road don't lead to Norcross.
Q: Which is the State road?
A: It leads from here to Duluth.
Q: Why didn't you come by Duluth?
A: We came the road we saw.
Q: Duluth is the main road?
A: No, sir.
Q: Right down the Southern railroad from Duluth to Norcross?
A: It might be but it would not make it the best.
Q: How many miles did you travel that way, you came by Norcross and wound around
by the Dobbins place?
A: Did not.
Q: Clowers place?
A: Yes, sir.
Q: And took the left?
A: Yes, sir.

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Q: You come a sorry road to the State road?
A: Pretty fair.
Q: Where did you strike the State road?
A: Just below John McKerley's.
Q: Then you turned back towards Duluth?
A: Yes, sir.
Q: And you got in 200 yards of Jack Trammell's when you met Mr. Moore?
A: Yes, sir.
Q: John McKerley lives between Jack Trammell's and Meadow on the State road?
A: Yes, sir.
Q: You all came double the distance as if you had come straight up the road?
A: We didn't come as far --
Q: Where had you all started?
A: Didn't have any special place.
Q: How came you to turn around?
A: I didn't turn around.
Q: How came them to turn around?
A: Because that man was stuck up.
Q: He did get through?
A: He did when we pushed him through.
Q: If you had no special place to go what was you winding around for?
A: I wasn't winding around.
Q: Who was you looking for?
A: Not any one.
Q: Did you work the day before in the garage?
A: The day before was Sunday.
Q: Saturday?
A: Yes, sir.
Q: How come you didn't work this Monday?
A: Because I was not able.

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Ode McKerley, sworn, testified as follows:
Direct examination:
Q: Your name is Ode McKerley?
A: Yes, sir.
Q: Where do you live?
A: Two miles this side of Duluth.
Q: Do you remember the day the occasion when the two Simpson boys were killed, Joe
and Orin?
A: Yes, sir.
Q: Did you see Claude Brooks that day?
A: Yes, sir.
Q: Did you see them after the shooting?
A: Yes, sir.
Q: Where was it?
A: Me and Eddie Wright and Roy Martin was going up to Trammell's store and Mr.
Claude Brooks come.
Q: Where did you see Mr. Brooks?
A: There at Trammell's store.
Q: Did you hear him make any statement about any shooting?
A: Yes, sir.
Q: What was it?
A: He said there was a shooting taken place over there on the road and Roy Martin
asked him what it was about, and asked him the third time and he said he didn't
know, said he believed Orin Simpson was killed, he said he seen there was going
to be trouble and he ran, and didn't know what the shooting was about.
Q: He said he didn't know what the shooting was about?
A: That is right.
Cross examination:

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Q: You were at home that morning?
A: Yes, sir.
Q: What time did you leave to go to Mr. Trammell's store?
A: I left that evening in time to get up there when he was coming up there from
the shooting.
Q: You say about two miles down to your house?
A: It is not but a little piece from the store, about a quarter of a mile from the
store where I live.
Q: You and Eddie Wright were together?
A: Me and Eddie Wright and Roy Martin.
Q: How were you traveling?
A: We were walking.
Q: How did you leave home?
A: Left home in a car.
Q: In whose car?
A: Fellow from Norcross-a fellow Wooten, Roy and Eddie Wright was in the car with
them, and we all got out there where the road goes to Suwannee.
Q: They came in the road there close to your all's house?
A: Yes, sir.
Q: Roy Martin and Eddie Wright?
A: Yes, sir.
Q: Who else was in the car?
A: That fellow Wooten in the car - I don't know.
Q: Who was the fellow driving the car?
A: I don't know.
Q: Where was he from?
A: I don't know.
Q: They called him Buice, didn't they?
A: I never heard his name.
Q: Had you done started when they come?
A: Yes started out to get in the road to go to the store.
Q: And they picked you up?
A: Yes, sir.

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Q: Then there was five of you in that car?
A: Yes, sir.
Q: Where did they say they were going?
A: They never said where that road goes, we all got out there. Roy said he was
going out to Homer Parson's, to his uncle.
Q: You got up there at that road that turns out to Homer's, that is where you all
got out?
A: Yes, me and Roy Martin and Eddie Wright.
Q: What became of Wooten and Buice?
A: I don't know Buice. They went the road that leads out towards Suwannee.
Q: They didn't go back the way they come?
A: No, sir.
Q: They took the right hand road?
A: Yes, sir.
Q: Like you all were going towards Duluth and you got up there to that road that
turns to the right that goes to Suwannee, they took that road?
A: Yes, sir.
Q: Where did they say they were going?
A: They didn't say.
Q: Did they turn around there?
A: They did not.
Q: Aint you mistaken about that?
A: They didn't turn around.
Q: You all walked on?
A: Sure.
Q: And went on to Jack Trammell's store?
A: Yes, sir.
Q: As you got out close to Trammell's store who did you see?
A: Claude Brooks.

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Q: Who else in a car did you see, anybody stuck in the mud?
A: We did this side and we helped push him out.
Q: That before you got to that road that turned?
A: I mean it was after we got out of the car.
Q: These fellows went on in the car?
A: Yes, sir.
Q: And you all went on a foot until you strike this fellow stuck in the mud?
A: Yes, sir.
Q: Sorter red mustache?
A: Mr. Moore, what they told me, we helped push him out.
Q: He told you all about he officers holding him up?
A: He didn't tell us a thing in the world about it.
Q: That was you and Eddie Wright?
A: Me and Eddie Wright.
Q: Then you all went on to the store?
A: Yes, sir.
Q: Isn't it true that you all went in that car until you got out about where it
was stuck in the mud?
A: No, sir.
Q: Didn't the car turn around there because you couldn't get through it?
A: No, sir.
Q: You say the car had done gone on this other road?
A: It had.
Q: They didn't say where they were going?
A: No, sir.
Q: You didn't know the fellow driving the car?
A: No, sir.
Q: You knew Mr. Wooten?
A: Yes, sir.
Q: He lived in Norcross?
A: Yes, sir.

Page 184

Q: He was not driving the car?
A: No, sir.
Q: Had you seen Roy Martin any time before that day?
A: No, sir. The first I saw of him that day was when he came up in the car.
Will Houston, sworn, testified as follows:
Direct examination:
Q: Where do you live, Mr. Houston?
A: I live in Lawrenceville, District in Gwinnett County.
Q: Do you remember the occasion when the Simpson boys, Joe and Orin, were killed?
A: Yes but I don't remember the date.
Q: You heard about it very shortly afterwards?
A: Yes, sir.
Q: Did you hear about it the same day?
A: Yes, sir.
Q: Did you know Claude Brooks?
A: Yes, sir.
Q: Did you see Claude Brooks that day?
A: Yes, sir.
Q: Did you have any conversation with him about the shooting?
A: Yes, sir.
Q: What was the conversation?
A: Well, I don't remember exactly; I remember meeting Mr. Brooks over here on the
corner, at the Ezzard Drug Store, and I asked him about it, and he said he was
there present, and I asked him then how did it occur, and he said well, they
engaged in a little skirmish there, Mr. Dowis and the Simpson boys, and I says
what was the trouble, and he says he didn't know they got up a skirmish, and I
says did the Simpson boys have anything to defend themselves, and he said if
they had anything in the

Page 185

world he didn't see it. I says did you see the shooting. He says, no, sir, I
saw it was going to occur and I turned my back and I didn't see the shooting.
Q: That he did see the Simpsons?
A: Yes, but he didn't see the shooting, but he saw the skirmish. I asked him if
they had any weapons to defend themselves and he said if they had any in their
hand he didn't see it.
Q: Either one of them?
A: Yes, sir.
Cross
Q: Said if they had anything in their hands he didn't see it?
A: He didn't see it.
Re direct
Q: He said he didn't see the shooting?
A: Yes, sir.
Bill McGee, sworn, testified as follows:
Direct examination:
Q: Your name is J. W. McGee?
A: Yes, sir.
Q: They call you Bill McGee?
A: Yes, sir.
Q: Mr. McGee, do you remember the day that Joe Simpson and Orin Simpson were
killed?
A: Yes, sir.
Q: The occasion?
A: Yes, sir.
Q: Were you present?
A: Yes, sir.
Q: Was that in Gwinnett County?
A: Yes in Gwinnett County.
Q: Where do you live, Mr. McGee?

Page 186

A: At Duluth.
Q: How did you come to go out to the scene of the killing?
A: I was up there in front of the bank, Duluth Bank, and a little crowd had
gathered t there in front of the bank and said the revenue had a man under
arrest down there in the edge of town somewhere, and Boy Corley was in a coupe
car there and they said it was Joe Simpson and Orin Simpson they had under
arrest. Corley then said
Mr. Nix. I object to a conversation-
Corley asked me to go with him down there.
Q: When you got there describe in detail just what you saw?
A: When we drove up down there Mr. Dowis and Joe Simpson were at the car, at Joe
Simpson's car in front of Mr. Knox's, in the road. Boy Corley asked Joe Simpson
what all this meant. Joe says that this damned black rascal has got me under
arrest, so he says. Vick Dowis says I aint no more of a black rascal that you
are, -- he didn't use the damn I don't think, but Joe did, and they talked on
about what our business was down there.
Q: What was your business?
A: We went down there to make a bond for him. Corley says to Joe, he says have you
got any whiskey here. Joe says no, I have not got a damned drop. Corley says to
Joe how come you not to come up to my house on Sunday as you promised me, and
he went on to tell some reason. Corley says to Mr. Dowis I don't want you to
think hard of me for coming down here and investigating, but he married my
sister and if he has any whiskey I came down here to make a bond. Dowis says
that is perfectly all right. Corley asked Joe again if he had any whiskey and
Joe says I aint got a damned drop, -- and Corley was in the car and I never got
out of the coupe, and Corley goes up to the Simpson car and raises the cushion
on the lower side of the car going towards Lawrenceville and looked in there; I
don't know what he saw whether he saw anything or not, and he picked up a tow
sack, with tools in it, and shook it, and I was close enough to

Page 187

see. Corley he came back here then and says to me, says let us go to Duluth,
says there is no liquor here. He got in our car and backs back nearly against
Simpson's car and turns around, and about the time he got turned around I
looked up the road and saw the car coming with the boys I understood went off
after the warrant and I says wait until they come here with the warrant and see
what they do. He cut off the engine and we stopped there and waited. Brannon
came up with the warrant, and Buck Foster and Frank Mattison was in the car;
they drove up between our car and Joe Simpson's car, up like they were going to
Mr. Knox's, a little road turned out, and he handed Mr. Dowis the warrant, and
he pulled out towards Mr. Knox's and turned around and drove back by our car
headed towards Duluth. Mr. Dowis took the warrant and looked at it and he
handed it to Joe and Joe looked at it, and Joe made the remark that it wasn't
worth a damn. Joe he handed it then to Orin Simpson and he looked at it and
Orin made about the same remark, I think he used about the same words. Then Mr.
Dowis he starts back, they were kindly up in front of the car, that is
Simpson's car, like he was going back towards the car. He was in front of it
and on the left side going towards Lawrenceville like he was going to search
the car, and Joe Simpson as Mr. Dowis went down towards the door by the side of
the car like he was going to put his hand on the door and Joe Simpson pushed
him away and stepped on the running board and stepped over the door and sit
down on the cushion on the rear end of the car and Mr. Dowis went around on the
lower end of the car and as he came around Mr. Simpson got out and followed him
around and Mr. Dowis made a motion to get on the right hand side of the car
going towards Lawrenceville and Mr. Simpson pushed him away and got in again
and sit down on the cushion. Mr. Dowis went on up in front of the car and Orin
Simpson was up there about the front of Joe's car and the subject then got up
about the warrant again and Joe Simpson then got out of the car and he was up
there with them arguing about

Page 188

the warrant. They said the warrant wasn't any good. And Joe Simpson says I have
told you all right, if you had the right kind of a paper you can search the
car. They argued on some little bit, and finally Vick told him, says if I aint
got the right kind of paper I can get the right kind, and Joe says you have got
to get the right kind, and so they got pretty hot, then they all used the curse
words, Joe, Orin and Vick, and Vick made an attempt to go towards the car they
were in not farther than from here to the end of that table from the end of the
car and as he started back to search the car they started to pushing each
other, Vick would start back to the car and as he would start each one would
push, push Dowis back and Dowis would push them. I was in the coupe car headed
towards Duluth, me and Corley, looking back through the window,-- and as I say
after they pushed there a few times, they didn't surge much, didn't seem like
they were hard to push, they were hardly a step a part and he stepped back
after pushing three or four times and as he stepped back Mr. Dowis had on an
overcoat and threw his hand behind, his right hand, and I got out of the car I
was in and about the time I hit the ground he fired twice and Orin Simpson
fell, -- he shot twice about that way, and then paused just a little bit and he
turned his gun in that direction towards Joe Simpson and Joe ran backwards
about as far as from here to that wall, looked like he had seen his brother
fall and he ran backwards there to a little bank probably about that high and he
whirled with his face towards Duluth on the little road that runs out towards
the main road and he ran down there about twelve steps and turned his face back
up towards us and stopped over with his hands on his knees and says boys he has
killed me too. I says Mr. Dowis you haven't only killed one man you have killed
two.
Q: When was it Mr. Dowis shot Joe Simpson?
A: When he turned I think.
Q: Joe was turning from him at the time he shot?
A: Yes, sir.

Page 189

Q: Then he went out this little road?
A: Yes he whirled around like this and ran out that little road.
Q: How many times did he shoot at him?
A: Shot twice in quick succession, both times, shot four times in all.
Q: Did you see the whole trouble between them?
A: I saw all that happened.
Q: Did Mr. Simpson or either one of them have any weapon?
A: Not that I saw of.
Q: Did you see them?
A: Yes, sir.
Q: During this melee?
A: Yes, sir.
Q: Would you have seen any weapon if either one had had a weapon?
A: There were no weapons in sight that I saw.
Q: Did you see their hands?
A: I saw them pushing.
Q: Were there any weapons in their hands when they were pushing?
A: There was not.
Q: Did you see any wrench or bottle used?
A: I did not.
Q: I interrupted you at that point, you begin to tell what conversation ensued
between you and Mr. Dowis, -- now you may proceed. What did you say to Mr.
Dowis when you went up to him after the shooting?
A: After the shooting there I says "Mr. Dowis, you have killed two men." That was
after Joe had said he had killed him too. I says "Vick, you have not only
killed one man, but you have killed two." He says "I don't think so. I think I
hit Joe in the leg."
Q: How long after the shooting before you went up to Mr. Dowis?
A: It was just right now almost.

Page 190

Q: Did you hesitate any time before you went or immediately?
A: Just as quick as I hit the ground; when I saw him there with his hand behind
him I believed he was going to draw a gun and hollered to him not to shoot, and
I hit the ground just about the time the pistol fired.
Q: Then did you go immediately to him?
A: Yes I went right on to Orin after Orin fell. I went up up and you just could
tell there was a little life in him. I knew he was dying.
Q: What was Vick Dowis doing when you got up there to where Orin was?
A: Mr. Dowis came up there and raised his head up and put his hat under his head.
Q: Was there any weapon where Orin was of any sort?
A: There was not.
Q: Where was he lying?
A: He was lying with his head in the direction towards Mr. Bill Knox's on the left
hand side of the road coming this way.
Q: Now at the time of the shooting, can you give the relative position of these
three parties, were they all together?
A: Mr. Vick was in front of the car, Orin Simpson was on the left coming towards
Lawrenceville, and Joe was on the right, Dowis was in front of them.
Q: Dowis was between them but not directly between them, not in line?
A: That is right.
Q: Did you see any weapon where Joe Simpson had been?
A: I did not.
Q: Was there any weapon out where he was?
A: I didn't see any.
Q: Did you look for one?
A: Joe didn't have any weapon. Didn't any one have nothing in their hands then.
All they had in their hands Orin came up there with a

Page 191

bottle with something in it when he came by Bill Knox's he had a bottle with
some kind of soft drink in it; he came up there with this bottle in his hand,
that was before the killing, walking along swinging the bottle in his hand.
Q: Do you know what became of that bottle?
A: He came up there and stood on the bank in front of the car and drank the coca
cola, or whatever it was; it was red, and taken it from his head two or three
times and drank it and pitched it toward the car, and I don't know whether it
went in the car or out of it; the car was right in front of him, and he was
standing on a little bank.
Q: Did you afterwards see that bottle?
A: No, sir I never looked for it. That is all the thing I saw.
Q: Was there any weapon there at the place where Joe Simpson was standing when he
was in the position that you just now described, or anything between where he
was standing and where he finally got out there?
A: No, sir there was no weapon there, there was nothing.
Q: Did he have any weapon when he was brought back into the road or came back into
the road?
A: Not that I know of.
Q: Was there any weapon visible?
A: I never seen any. When I first went down there Joe was working on his engine
with the hood up and had a wrench in his hand, spark plug wrench; that is when
we first went down there he had the hood up and was working on his engine and
had a spark plug wrench and had his knife out scraping.
Q: He had the wrench and knife?
A: Yes, sir.
Q: After the shooting was over did you see the knife?
A: Lying on the dust pan of the car.

Page 192

Q: Where was Mr. Dowis then?
A: This was after the killing. Mr. Dowis and me went up towards Bill Knox's.
Q: When was it you saw the knife and wrench there?
A: After the killing.
Q: How quick after the killing?
A: It wasn't very long after me and Mr. Dowis left there. Mr. Dowis asked me to
stay there, and I says to him I says let us leave here, I don't want to stay
here, nobody but me and him, they were all excited and sent this man back that
was not dead.
Q: Did Mr. Dowis pick up any knife and put it on the running board or fender?
A: Did not.
Q: Did you see Claude Brooks there?
A: I saw him after the killing a right smart little piece from where it happened.
Q: Was there a mule there?
A: Yes, sir.
Q: What became of the mule?
A: It run away I think.
Q: Do you know who went after the mule?
A: I do not.
Q: Didn't see anybody running after the mule?
A: No, sir.
Q: Mr. McGee do you know anything about the size of a spark plug wrench?
A: I have seen them, yes, sir.
Q: About fifteen to eighteen inches long?
A: That is about the length.
Q: Would you have seen such a wrench if it had been in either one of the Simpsons'
hands?
A: Certainly, there would not have been anything to keep me from it.

Page 193

Q: You and Mr. Dowis then went up into Mr. Knox's yard?
A: Yes, sir.
Q: Who was there then?
A: Mr. Bill Knox was there in the yard.
Q: What conversation if any ensued between you and Mr. Dowis up there?
A: When we got up there to Mr. Knox's Mr. Dowis went out towards the well, the
well is between the barn and the house, and he went up that way, he didn't stop
as we went on through the yard, but he went on through the yard up towards the
well and Mr. Knox met us then out there and sit down in the edge of the yard.
Mr. Knox he came on out and we both sit down on a log and Dowis was not there
he went out about the well, in that direction.
Q: Go ahead?
A: Mr. Knox says to me -
Mr. Nix. We object to any conversation -
Mr. Charters. Was this in the presence of Dowis.
Witness. No, sir.
The Court. Don't state that.
Q: Did you and Dowis have any conversation?
A: Mr. Dowis came back and sit down pretty close to me, and we sit there a few
minutes and nothing said, and finally I said to Mr. Dowis, I says Mr. Dowis you
have committed a terrible crime here this evening. Vick says to me I am sorry
of it but I was forced to do what I done, Joe Simpson was beating me in the
back of the head with a wrench and Orin beating me in the side with his fist,
and he said then to me I don't know whether you are a friend to me or my enemy.
I said I have always been your friend. He says I would like for you to say no
more than you can help. So I sorter hushed and got off of the subject, -- and
they were looking for them to come on after the dead man; that was about all
the conversation between me and Vick Dowis.

Page 194

Q: Now you stated that Corley was examining the car, the Simpson car?
A: Yes, sir.
Q: Where was Mr. Dowis while that examination was going on?
A: Standing on the upper side of the car.
Q: Was he in view of the examination?
A: Yes, sir.
Q: That Mr. Corley was making?
A: Yes, sir.
Q: Could he have seen it?
A: Yes, sir.
Q: Was there anything to have obstructed his view from seeing it?
A: I don't think so.
Q: You say Mr. Dowis told you he would like for you not to say anything more than
you could help?
A: Yes, sir.
Q: Did he tell you what kind of a wrench?
A: He said I was forced to do it, from the fact that Joe was beating me in the
back of the head with a hub wrench, and the other beating me in the side with
his fist.
Q: Now you saw it all yourself just before that?
A: Yes, sir.
Q: And he told you that and asked you not to say anything more than you could?
A: Yes, sir.
Q: Mr. McGee I will get you to come down here in front of the jury and see if we
can rather identify this map. Were you out there about the 11th of
March when Mr. Veal made a survey of the situation?
A: Yes, sir.
Q: Who was there?

Page 195

A: There was Floyd Brannon, Summerour, Preacher Dowis.
Q: That is the brother of the accused?
A: Yes, sir. Mr. Bill Knox. Mr. Corley.
Q: Those were there?
A: Yes, sir; and the lawyers were there.
Q: Lawyers were there?
A: Yes, sir, Mr. Dean, Mr. Holt and this man here.
Q: Mr. Dowis was there, the brother?
A: Yes, sir. Boy Corley was there I know. Mr. Irwin.
Q: You was there?
A: Yes.
Q: Assuming this was the car Joe and Orin were in, I will ask you whether this
position will represent the car that you and Mr. Corley were in, this round dot
there?
A: Yes that represents the car.
Q: This round dot there represent the Dowis car that Mr. Brannon came back in. Now
where was Orin's car?
A: Orin's car right here.
Q: Assuming this is the road, these two parallel lines, the Simpson car here at
this place, this would represent the car where you were, would this represent
about the position of the car about where Mr. Dowis' car was after it was
turned around?
A: Yes about the back of ours.
Q: Would that about represent it?
A: Yes, sir.
Q: Now the mule, was it about this point?
A: The mule on the right hand side of the road, and we went on the left hand side
coming this way.
Q: Assuming this was the car of Dowis, right where that arrow points, -- assuming
that was the Simpson car, would that represent the position of Orin Simpson at
the time of the shooting?
A: Yes, sir.
Q: And this the position of Vick Dowis?

Page 196

A: Yes, sir.
Q: And this the position of Joe Simpson?
A: Yes, sir.
Q: Was there a little cotton house out here by the side of the road?
A: Right out here.
Q: Which way did Joe Simpson come from the main road?
A: Ran out towards that cotton house.
Q: Did that represent the place where he ran to?
A: Yes, sir.
Q: When he came back, did he come back this direction?
A: Right across this little spot here.
Q: Would you say that map correctly represents the situation there?
A: Yes, it looks like it.
Q: You think that map represents the situation as it was?
A: Yes, sir.
Q: Do you remember making any search for this wrench?
A: As we left Mr. Knox's Dowis says to me - no, I says to Mr. Dowis, I believe
that is the way it came about, Vick, now you say they were using a wrench down
there, I says if there was any wrench used at all it is right where it was
left. I knew there was no wrench used. As we walked on down he met some others
and I kindly stopped there with Mr. Knox and he came on down there and Mr.
Dowis says they may have thrown the wrench away.
Q: Mr. Dowis says to you they may have throwed the wrench away?
A: Yes, I told him the wrench was right where it had been used if there had been
any wrench there.
Q: Mr. Dowis says they may have thrown it away?
A: Yes, sir.
Q: Did anybody go down there and look for it in your presence?
A: Yes, Dull Langley and a good many.
Q: Who was with him?
A: Dull Langley and Mr. Dowis was there.
Q: While they were looking for the wrench?
A: Yes, sir.

Page 197

Cross examination:
Q: You went down there with Boy Corley in his Ford car?
A: Yes, sir.
Q: To make Simpson's bond?
A: I don't know whether I went to make bond or not, I went with him.
Q: You was a friend of Simpson?
A: Yes, sir.
Q: Joe Simpson's wife was Mr. Corley's sister?
A: Yes, sir.
Q: And Mr. Corley and one of your son's married sisters?
A: That is true.
Q: You all went down there and when you got down there you drove right up to the
side of the Simpson car, when you got there there was nobody there but Dowis
and Simpson?
A: That is correct.
Q: And Mr. Knox?
A: That is correct.
Q: Do you know anything about the condition of Mr. Knox?
A: His health is mighty bad.
Q: Is he able to come to court?
A: I don't think he is. I haven't seen him in several days.
Q: After you got down there Mr. Corley got out of the coupe and you stayed in it?
A: Yes, sir.
Q: You saw Mr. Corley go around the car and talk to Mr. Dowis and Mr. Simpson?
A: Mr. Simpson and Mr. Dowis up there in front of the car.
Q: Mr. Simpson was very abusive of Mr. Dowis there?
A: When he asked him what he was doing there, why he told him what it all meant.
Q: He called him a damned black rascal?
A: Yes, sir.

Page 198

Q: That is pretty abusive?
A: Mr. Dowis repeated it back to him.
Q: Simpson called him a damned black rascal?
A: Yes, sir.
Q: Then Mr. Dowis you say said he was not any more damned black rascal than he was?
A: Yes.
Q: You told Mr. Charters you didn't know whether Mr. Dowis used the word damn?
A: I don't think he said that. I said all the time just like I told you.
Q: Mr. Simpson said a good many other abusive things?
A: They all used abusive language.
Q: Mr. Corley, what abusive language did he use?
A: I am talking about those three, Simpsons and Dowis.
Q: I understood when you got down there only Joe and Dowis was there?
Q: What I am now before you turned around and walked away from there 25 or 30 steps before Orin came?
A We were just twenty steps.
Q: It was 77 feet by this measurement?
A: I stepped it too.
Q: You showed them there?
A: I said it was on the same line.
Q: You were there when these measurements were made. You all had it made?
A: I didn't. They did, I didn't.
Q: The attorneys for the other side, Floyd Brannon and Boy Corley was there, that is true?
A: Yes, sir.
Q: You were there?
A: Yes, sir.
Q: But anyway, you say Mr. Corley looked in the back seat of the

Page 199

car, didn't you?
A: Yes, sir.
Q: About that time you saw all that Mr. Corley did, didn't you?
A: I think I did.
Q: You saw Joe then pick up a spark plug wrench out of the back of the car?
A: No, sir I saw him have it in his hand when we drove up.
Q: He didn't pick it up after you all got there out of the back of the car?
A: No, sir.
Q: He had it in his hand when you drove up?
A: Yes, sir.
Q: You said you saw it when you drove up?
A: I say he had it in his hand, he didn't go back and get it.
Q: Did he get that wrench out of the car before you got there or afterwards?
A: He had it when we got there, I don't know where he got it.
Q: He didn't get it out of the back part of the car while you all were there?
A: No, sir.
Q: Then Mr. Corley asked him if he had any whiskey?
A: Yes, sir.
Q: Asked Joe if he had any whiskey?
A: Yes, sir.
Q: And Joe said he didn't have a damned drop?
A: Yes, sir.
Q: And repeated that two or three times you say?
You said Corley asked him the second time?
A: The best of my knowledge I think he asked him twice.
Q: Why did he ask him the second time?
A: I couldn't tell you.
Q: You heard him ask twice?

Page 200

A: Yes, sir.
Q: And he used the same expression both times, not a damned drop?
A: That is what he said.
Q: Then he came back, Corley did and got in the car and you all turned around and
drove up in the direction of Duluth 77 feet?
A: We drove back eighteen steps from there, where the car was.
Q: You all got in the car to start back, you all figured on going back to Duluth then?
A: Yes, sir.
Q: When you got back up there this distance you saw this car coming over the hill?
A: Yes, sir.
Q: You decided that was Brannon who went after the warrant and you said to Corley
let us wait here and see what happens and you all stopped there in this closed coupe headed towards Duluth?
A: Yes, sir.
Q: You didn't get out, did you?
A: No, sir.
Q: The car that Brannon was in came on down and drove on passed you all down to
the Simpson car and drove up by the side of it and Brannon handed Mr. Dowis this warrant?
A: That is correct.
Q: And Dowis handed it to Joe Simpson?
A: Yes, sir.
Q: And then Joe handed it to Orin?
A: Joe handed it to Orin.
Q: Had Orin got up there before you all moved up-where were you when Orin came up?
A: I don't know whether I would be positive when Orin came whether we had turned around or not to go back.
Q: You had done turned around and stopped up there before Mr. Brannon got there with the warrant?
A: Well, Orin wasn't there when we got there. We turned around and

Page 201

stopped and saw Mr. Brannon coming down from towards Duluth.
Q: Isn't it true Orin came up while you were standing up there?
A: I looked down the road and saw Orin coming up with a bottle of something in his
hand.
Q: Who was with him?
A: By himself.
Q: Anybody behind him?
A: If so, I didn't see him, the road was straight there.
Q: You were sitting in that coupe then?
A: Yes, sir.
Q: Your back and Mr. Corley's back was towards Simpson?
A: The back of our car was, but I was looking through the glass.
Q: Looking around this way?
A: Turned around where I could see back there.
Q: Were you and he both turned around?
A: I don't know what he was doing.
Q: You saw them looking at the warrant?
A: Yes, sir.
Q: You could hear from where you was at in that closed car?
A: Yes, sir.
Q: You heard the cursing, didn't you?
A: Yes, sir.
Q: You saw Orin throw his hat down when he walked up there?
A: No, sir.
Q: You heard him say that no damned man could search that car?
A: No, sir.
Q: You were sitting in that car when you heard all that?
A: I was sitting in the car.
Q: All that you have testified here to Mr. Charters after you moved away from there
headed back towards Duluth while you were sitting in that coupe.
A: Yes, sir.

Page 202

Q: After they delivered the warrant to Mr. Dowis and talking about it for a little
bit that car turned around and came up to your car?
A: Brannon's car.
Q: Why didn't you all look out the sides of those glass doors in place of looking out the back?
A: They were right in front of us there.
Q: The other car drove up behind you?
A: Yes but the top was down.
Q: You were 77 feet away in that closed car and heard everything that was said?
A: 18 steps, that is what I said all the time from where our car stopped.
Q: When you were down there and they were making this map, didn't you show them where your car was?
A: I stepped it.
Q: If it was 18 steps you stepped four and a half feet at a step?
A: I don't know but I stepped eighteen steps.
Q: You deny 77 feet?
A: I don't know I can't tell you how many feet the steps would make.
A: Yes, sir.
Q: When this car came on up behind you all, Floyd Brannon stopped the car and Floyd Brannon got out
and came to your car and asked you about going back to town, and Frank Mattison walked up on the other side?
A: If Frank Mattison mentioned anything I didn't hear it.
Q: Did you see Floyd Brannon walk up there?
A: Floyd Brannon was there close by.
Q: Did he get out of the car, stop behind your car?
A: He came up to the rear end of our car.
Q: Didn't he stop his car and get out and he and Mattison both

Page 203

came on up there.
A: Mattison might have come.
Q: I asked you if he didn't come up to the side of the car, right hand side?
A: I think he was there at the rear end.
Q: Which side of that car were you sitting on?
A: Right hand side.
Q: Didn't Floyd come up on the right of your car, got out of his car and walked up
there?
A: He came up there near the rear end of the car, he might have come up there
closer than that.
Q: Didn't he put his hand up on the running board and ask if could go back to town
with you?
A: No, sir.
Q: Didn't Frank Mattison walk up on the left hand side and ask you, -- on the side
Corley was sitting on?
A: He never come, if he did I didn't see him.
Q: Wasn't Floyd Brannon talking to you all about coming back to town with there in
that car when the shooting commenced?
A: He never said anything about coming back.
Q: Wasn't you in the car when the shooting commenced?
A: I got out when I saw him throw his hand behind him.
Q: Wasn't you in the car and shooting attracted your attention?
A: No, sir.
Q: You didn't see any licks passed?
A: No, sir I saw some pushing.
Q: Which side of the car was the pushing on?
A: They were up in front of Simpson's car.
Q: I will ask you if you saw when they had that pushing, as you call it, if you
saw Dowis leave from the left hand side and go around on the right hand side
and saw Orin following him around there?
A: Not on that side.
Q: Didn't Joe jump through the car and Orin follow him around

Page 204

and Joe jump through the car and met over on the other side of the car, and
didn't they both jump on Mr. Dowis and didn't he back back eight or ten feet in
front of the car?
A: No, sir.
Q: You looking back there?
A: Looking at Dowis and Simpson.
Q: Why didn't you go back there?
A: I didn't think anybody was going to be killed or shot; in other words, he was
an officer and I didn't consider it was any of my business.
Q: Why didn't you tell Joe to submit and let them search the car?
A: That was his business.
Q: You was wanting them to run him away from there?
A: I hadn't a thing in the world to do with it.
Q: Hadn't you spoke about being a friend to Mr. Dowis and hadn't he arrested your
boy a few days before -
Mr. Dean. I object.
The Court. You can ask him the state of his feelings.
Q: Didn't you state to these gentlemen just now you were a friend to Mr. Dowis.
A: I am.
Q: That is what you told these gentlemen just now?
A: It is.
Q: Isn't it true a few days before that, as policeman there, he arrested your son
or brother about some liquor?
A: If I ever had a boy arrested about liquor I don't know it.
Q: Your brother?
A: I never heard of it.
Q: On one Sunday out there in an old house?
A: If I ever had a kid arrested I never heard of it before.
Q: Wasn't it reported that a barrel of whiskey had been put in your all's barn out
there?
A: I hadn't heard about it.
Q: You don't know whether it was put there or not?

Page 205

A: If any barrel was put there I never heard of it.
Q: The Simpson boys put it there?
A: I never heard about that before.
Q: Wasn't you asked about it?
A: About the whiskey?
Q: Yes, sir?
A: No, sir never heard of it.
Q: Refresh your recollection about t that other matter on a Sunday, just a little
short while before this difficulty, wasn't there some young men up there
arrested during church hours in an old house with whiskey and for gambling?
A: I never heard a thing about it.
Q: And your boy was with them, either your brother or son, one or the other?
A: No, sir I never heard of that.
Q: You hadn't heard anything about Kit, wasn't some fellow arrested there with whiskey and Kit was with him?
A: They had a warrant there for Durham, but I heard nothing about no whiskey.
Q: Is Kit your son or brother?
A: Yes, sir.
Q: Didn't you all get very mad about it?
A: He is here. I don't know a thing about it. I don't know anything about anybody being mad about it.
Q: You say when the shots fired there were two shots and then it stopped a little bit?
A: Yes, he ceased a little.
Q: In four shots that way?
A: No, sir.
Q: It was that way?
A: Yes, sir.
Q: Two at a time?
A: Yes, sir.

Page 206

Q: And then two more?
A: Yes, sir.
Q: Where was Orin when he was shot?
A: Orin was in front of the car on the upper side of the road.
Q: Where was Joe?
A: Joe was on the right hand side of the road coming this way.
Q: You mean going from here to Duluth?
A: Coming back towards Lawrenceville.
Q: Going from Duluth to Lawrenceville Joe was on the right hand side of the road?
A: Yes, sir.
Q: And Orin on the left?
A: Yes, sir.
Q: Shot twice and you saw Orin fall?
A: Yes, sir.
Q: And waited a little bit and shot two more shots and saw Joe fall?
A: Saw him run.
Q: He didn't shoot any more after Joe run?
A: No, sir.
Q: Then he was not shot running?
A: When Joe ran backwards after Orin fell, Joe ran backwards about two or three
steps against a little bank and whirled off a little road - he turned to the
left and turned plum around and ran off into a little road.
Q: You told me that Joe was standing on the right side of the road going this way
from Duluth to Lawrenceville when he was shot?
A: I said he turned and ran off down this little road.
Q: Didn't you say there was no shooting after he started to run?
A: The shots were not fired until Joe turned and started to run. I told you when
Orin fell there he shot twice in quick succession, Joe he saw his brother fall
and he ran backwards this way and whirled around that way and ran about 12
steps and he shot about the time he whirled, it was just about that way.

Page 207

Q: You mean to say he shot twice after he started to run?
A: Just about the time he whirled there he shot.
Q: How did he whirl?
A: I will show you.
Q: Give us the position. Let the chair be the officer and show us how he whirled.
A: Like Mr. Dowis standing here where Col. Irwin is.
Q: You get where Joe was?
A: I am here where Joe was, and as Dowis shot at the first man he held it in this
position (showing) held it this way, and shot twice in quick succession, Joe
saw his brother fall.
Q: According to the way you say he whirled?
A: As I said as he turned.
Q: Did he turn plum around?
A: Yes, obliged to have to went off that road, the road leading right square off
from the main road.
Q: And you was up there at the car when that happened?
A: I was.
Q: 77 feet away?
A: 20 steps where I counted. You call it 77 feet.
Q: Then he turned plum around and started to run before he shot?
A: He did run. He ran about 12 steps and turned his head back and says boys, he
has killed me too.
Q: Did he whirl like you said, the way you showed?
A: Yes, sir.
Q: Then you didn't see a spark plug wrench there close to the place where this
difficulty happened and an open knife?
A: Lying on the car between the hood and the fender. The wrench was lying this way
(showing) and knife open with little blade half broken, open.
Q: Spark plug wrench and open knife?
A: Yes, sir.
Q: Broken knife?
A: The little blade was broken.
Q: A piece about that long?

Page 208

A: Something about like that.
Q: Now Mr. McGee didn't you say to Mr. Dowis there you have killed two men and we
have been laying for you and now we have got you?
A: I did not.
Q: You told him he had committed what you thought was a terrible crime?
A: Yes, sir.
Q: You told him you was his friend?
A: Yes, sir.
Q: You didn't tell him we have been laying for you?
A: Did not. No such thing was ever mentioned. I have always considered him a friend to me, I am to him.
Q: He said they were hitting him over the head with a wrench?
A: Yes, sir.
Q: And the other had a coca cola bottle?
A: He didn't tell me about a coca cola bottle.
Q: And the other one had him by the throat?
A: He didn't tell me that.
Q: You didn't see what the little boy saw about the coca cola bottle being thrown there?
A: No, sir. All the bottle I saw after Orin drank the coca cola he pitched it
towards the car. I don't know whether it went in the car or what became of it.
Q: You didn't see Joe Simpson throw the coca cola bottle at Mr. Dowis?
A: I didn't see it.
Q: You say he didn't do it?
A: No, sir; all the coca cola I saw was the coca cola he drank and pitched it
before they got mad.
Q: Do you mean to say he didn't throw any coca cola bottle at him or you didn't
see him?
A: If he threw any I didn't see it.
Q: Did he work any on the engine after you got there?
A: Joe?

Page 209

Q: Yes?
A: Yes, sir.
Q: What did he do?
A: I don't know what he done. I don't know what was the matter with, Colonel. I
know he had it unconnected after the trouble was all over with. After the
trouble it was not connected back, it would not start.
Q: You didn't see Mr. Brooks come up the road?
A: No, sir didn't see him until after the killing.
Q: Where was he then after you saw him?
A: Down on this side standing off there at a big oak tree there this side of
Knox's.
Q: That was the first time you had seen him, you don't know where he come from nor how he come?
A: No, sir didn't see him come.
Q: Was he walking or running?
A: I don't' know how he got there.
Q: You never saw him until after the thing was over?
A: No, sir didn't see him until after it was over.
Q: You didn't see Henry Knox down there?
A: May be I saw Henry at the start but I think Henry walked off.
Q: Did you see him there at all?
A: It strikes me, I wouldn't be positive, it strikes me Henry was down there.
Q: Did you see Chasteen there?
A: After the killing.
Q: Did you see Frank Mattison there?
A: Yes, sir.
Q: Didn't Emmett Chasteen come running up there in front of the coupe in front of
where you and Boy Corley were sitting and got behind your car-in front of your car?
A: He could have done it but I didn't see it.
Q: You didn't see that?
A: No, sir.
Re direct examination:

Page 210

Q: I don't know whether the question was asked you or not; What became of this Simpson car?
A: Well, somebody drove it back to Duluth, but I couldn't tell you who drove it. I
could not answer the question.
Q: Do you know whether there was any liquor in the car or not?
A: There was non.
Q: How do you know?
A: I was there when Mr. Dowis and Dull Langley and Dull Langley told him to search the car, and he said
there was none in it. Dull asked him if he had searched it, and he said no, and I was there when he searched it.
Q: Mr. Dowis afterwards searched the car and didn't find any liquor?
A: Yes, and did not find any.
Q: That was in the presence of Langley?
A: Yes, sir and several of them.
Q: When Mr. Dowis told you he was using a wrench on him, did he tell you where he was hitting him?
A: He said Joe was hitting him in the back of the head with a wrench and Orin hitting him in the side
with his fist.
Q: Was there any sign on Dowis?
A: I never examined him. I never seen any.
Q: Did he offer to show you where the place was?
A: No, sir.
Re cross:
Q: You all had Mr. Dowis to search the car after the shooting?
A: Yes, sir.
Q: Who had him to?
A: Dol Langley.
Q: Who else was there?
A: Several, old man Quinn.
Q: Did you get a new warrant?
A: There was no warrant about it as I know anything about.

Page 211

Q: What did you have him to do?
A: I didn't have him to do anything.
Q: You said Dol Langley had him to search it?
A: Yes, sir.
Q: What did he say to him?
A: He asked him if he had searched the car.
Q: What did he say?
A: He asked him if he searched it. He says no. Dol says if you haven't, search it then.
Q: That was after both men was moved?
A: No, sir Orin was there then.
Q: Mr. Langley was not there during none of the difficulty?
A: He came down there to help move the dead man.
Q: How long had the car been standing there and people congregating around?
A: Something like about ten minutes after me and Dowis walked up to Mr. Knox's.
Q: Who else was around the car?
A: Nobody there when me and Mr. Dowis left; nobody came until this bunch came to
move the dead man and Dol Langley was in the crowd.
Q: Who else?
A: Mr. Quinn; I don't know who all, two cars.
Q: After the crowd got down there you and Dowis went on down there?
A: Yes, sir.
Q: The crowd got around there first?
A: We went on down there about the same time. I think Dol Langley met Mr. Dowis.
Q: There was a good deal of excitement?
A: Some, of course.
Q: You don't know who had been at that car before you all got down there?
A: I know there had not been anybody.

Page 212

Dol Langley, sworn, testified as follows:
Direct examination:
Q: Your name is D. P. Langley, -- Dol Langley?
A: Yes, sir.
Q: Do you remember the day that Joe Simpson & Orin Simpson were killed?
A: Yes, sir.
Q: You were not present at the time of the killing, were you?
A: No, sir.
Q: Did you go to the scene of the killing?
A: I did.
Q: Shortly afterwards?
A: Yes, sir.
Q: What was the situation when you arrived at that place?
A: When I got down there there was not anybody right at the car where this trouble
had taken place except Orin, one of the men that was dead lying in the road.
Q: Mr. Dowis and Bill McGee and Bill Knox somelike from fifty to seventy five yards?
A: Yes, up under a big oak tree right in front of Mr. Knox's house.
Q: Were they in view of the car?
A: Yes, sir.
Q: Anybody else there?
A: Not right down at the road where this took place.
Q: So Vick Dowis, the defendant come down to the car?
A: The car that we went down there in, to make it plain, the motor was running and
we started to drive up to Knox's house to get some water to go in the radiator
and there was a little incline and we stopped and got out of the car, Kit
McGee, Bob ______ and a young fellow by the name of Maddox, and as we got out
Vick came down meeting us in advance of Mr. McGee and Mr. Knox, and he came
down and got in about ten or fifteen steps of us and I spoke to

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him and says hello, Vick.
Q: Where did you live?
A: At Duluth.
Q: You lived then at Duluth?
A: Yes, sir.
Q: And do now?
A: My wife is. I have been in Atlanta several months working down there.
Q: You knew the defendant?
A: Yes, I knew him.
Q: Go ahead?
A: He started walking down and when he got in a few steps of us I says what have
you done here, he walked on two or three steps towards me before he answered me
and he says I guess I have got in some bad trouble, I says what are you trying
to do down here, and he says I came down here to search this car. I says have
you searched it, and he says no not thoroughly, he says I don't think there was
any whiskey on it. I says come on and let us go down and search the car. By
that time Mr. Knox and Mr. McGee all come on down to the car in the road. I got
up on the fender of the car and he went around on the other side and I pulled
the cushion off of the back seat and there was nothing under there except the
gasolene tank, and there was a crocus sack with some tools in it and also an
empty coca cola bottle lying in the back end of the car is all we could find. I
says you see there is no whiskey on here. He says I knew there was no whiskey
on here. I says what were you trying to search the car for. He says I got a
telephone message, and by that time we had walked around to the hood next to
the radiator. I says Vick, what was these boys doing to you. He says one of
them was punching me in the side with his fist, and he says the other was
hitting me over the head with a hub wrench. I says where is the hub wrench at
and he pointed out and says Joe run down in a little V shape in the road and
showed where he run and says possible he dropped it down there and awe all looked for the

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wrench and could not find it. I said something to them about taking that other
man up out of the road, and as we walked back up to the engine we discovered a
knife and hub cap wrench, and the knife was open with the little blade half
broken off, looked like it had been used for a screwdriver, and the hub cap
wrench was setting one end up against the dust pan.
Q: Was it a hub wrench or spark plug wrench?
A: It was a spark plug wrench. I says this the wrench they were hitting you with.
He says no, sir hub cap wrench, and by that time several others come up and I
says there is no use letting this man lie here in the road, a half a dozen
witnesses saw it and we picked him up and put him in the car.
Q: Did you examine his head?
A: No, sir. I could not see any sign of where he had been hit. I didn't make any personal examination.
Q: You didn't see any knot on his head?
A: No, sir.
Q: He told you he knew there was no whiskey in the car?
A: Yes, repeated that twice.
Q: In the face of that he undertook to search it?
A: Said he had a telephone message from some citizens.
Q: When he got there he knew there was no whiskey in it?
A: First said he didn't think, and then after we searched he said he knew there was none in it.
Q: I believe you say he said he hadn't made a thorough examination?
A: Yes, he said he hadn't searched it thoroughly; I suggested to him we go and
search the car, and then he said he knew there was no whiskey on it.
Q: Now you say that he told you that it was Joe that had the wrench?
A: He never did say which one up until the time I asked him what they were doing
to him, and he said one punched him in the side and the other hitting him with
a hub wrench, and when I asked him where it was he said Joe ran down this way
and come back across and possible threw it down there, and I

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took it to be Joe from that that had the wrench, although he didn't say.
Q: Did you all search down there for the wrench?
A: No, sir.
Q: Did Mr. Dowis find any wrench at all and put it up on the fender?
A: Not while I was there.
Q: Did Mr. Dowis leave with you?
A: After we took Orin up and put him in the car I think the whole business left.
Q: Did you put him in his own car?
A: Yes, sir.
Q: And took him to town in that?
A: Yes, sir. And I think everybody left there about that time. I know about the
time we got to town I noticed Mr. Dowis up in town.
Cross examination:
Q: Mr. Langley, you didn't get down there until after the killing?
A: No, sir I suppose fifteen or twenty five minutes.
Q: Mr. Dowis and Mr. McGee had done left the scene and was up in the yard sitting against the oak tree?
A: Yes, sir.
Q: You don't know who took up the wrench before you got there?
A: No, sir.
Q: Mr. Dowis told you that one of them was hitting him over the head with the wrench?
A: Yes hub cap wrench.
Q: You told Mr. Charters that you didn't look to see whether there was any signs?
A: No, sir I didn't examine him.
Q: Mr. Charters asked you if you saw any and you didn't see any.
A: No, sir I didn't see any.

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Q: You could not see unless you looked for it?
A: If it had been out from under his hat I would have noticed it, I could not tell what was under his hat.
Q: Joe was hitting him with the wrench?
A: He didn't say which one.
Q: He was addled?
A: I couldn't tell that he was.
Q: You don't know what was in that car before it was stopped down there, before the officers got there?
A: No, sir I couldn't tell.
Q: You don't know whether a load of liquor was transferred or not, or hid out in the woods?
A: No, sir I could not tell that.
Re direct
Q: I ask you for the purpose of refreshing my recollection -Did you say when you
saw this spark plug on the car that you asked Mr. Dowis if that was the one he was hit with?
A: Yes he said it was not, hub cap wrench.
Q: Did you see any other wrench on the car?
A: No, sir I didn't see any about the car; if there was any other wrench it was in this sack.
Re cross
Q: How come you to conduct such as rigid examination of Mr. Dowis?
A: I did it more for information than anything else; I just asked the questions like most anybody else would.
Mrs. J. S. Bracewell, sworn, testified as follows:
Direct examination:
Q: What is your name?
A: Mrs. Sam Bracewell.
Q: Do you remember the day that Joe and Orin Simpson were killed?

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A: No, sir I don't remember the day of the week.
Q: Do you remember the occasion?
A: Yes, sir.
Q: That day and before the killing did anybody stop at your house and carry on a
phone communication with Vick Dowis?
A: Yes, sir.
Q: Who was it?
A: Mr. Solomon Dowis.
Q: Where did you live with reference to the killing?
A: I live in three miles of Duluth, lived this side of the killing, between
Lawrenceville and the scene of the killing.
Q: Did you hear what directions were given by Mr. Solomon Dowis to Vick Dowis about hunting for any liquor car?
A: He told him where to go.
Q: Where did he tell him?
A: He told him one man and a Ford car was this side of the creek on top of the hill,
-- first said warehouse, and then changed and then said at a barn there loading
or unloading, -- and that is all he said.
Q: Are you acquainted with the place where this killing occurred?
A: Yes, sir.
Q: Did that place fill that description?
A: He said on top of the hill this side of the creek.
Q: Was that the place?
A: That is where he said, but he didn't go there, he didn't go across the creek,
-- asked him to come on this side of the hill, this side of the creek.
Q: The place Simpson was killed was on yonder side of the creek?
A: Yes, sir that is what they said.
Mr. Nix. I move to exclude it as being irrelevant.
The Court. I will admit it.

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Q: You live at Meadow?
A: Yes, sir.
Q: Mr. Solomon Dowis he stopped there with some children passing by going to some sort of a children's day?
A: Yes they were going to a baseball game, they were on a truck.
Q: He stopped at your house and ask permission to use the telephone?
A: Yes, sir.
Q: And you overheard the conversation?
A: He called Mr. Wilson at the Duluth Bank, and then he said he wanted to speak to Vick.
Q: Did Vick answer?
A: He talked like he was answering.
Q: Somebody answering?
A: Yes, sir. He called his name Vick.
Q: And he told him there was a car either loading or unloading on top of the hill or barn on this side of
the creek?
A: Yes, sir.
Q: That Trammell's place?
A: That is the only place there is.
Q: Is that where this little store was at?
A: I guess so.
Q: A little house across from the store that has got an iron bar across it, did you ever notice it?
A: No, sir.
Q: It looks like a little warehouse, don't it?
A: I have not noticed it.
Q: But he told him there was a Ford car standing there at this little warehouse or barn either loading or
unloading?
A: Yes, sir.
Q: You understood that was the Trammell place?

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A: I didn't pay any attention, I suppose it was.
Q: Why do you suppose?
A: Because that is where he said for them to go to.
Q: Who lives there besides Trammell at that place, right across the road, Homer Parsons?
A: I suppose so.
Q: Homer Parsons and Jack Trammell - this little store?
A: That is what he said.
Q: He said the first house this side of the creek?
A: Yes, sir.
Q: That is the first house?
A: Yes, as I understand it.
Q: You don't know whether that car had left there or whether there was any car there or not?
A: No, sir I don't know a thing only what he said.